Monterey County Grand Jury
2014-2015
From the annual report
The consolidated year-end volume. The individual investigations it contains are listed separately below.
📑 Year-End Report
The full consolidated volume; individual reports are listed below.
Individual reports (13)
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Findings & Recommendations
25 findings
F1:
The Monterey County Sheriff is responsible for proposing, and the Monterey County Board of Supervisors is responsible for approving, a budget for the Sheriff’s Office each fiscal year. 16
F2:
On-duty staffing levels at the Jail are inadequate.
Related Recommendations (1)
R1:
The Sheriff should request, and the Board of Supervisors should approve, adequate fund- ing for additional staff positions and inmate programs for the Jail.
F3:
Excess overtime continues to be a problem.
Related Recommendations (1)
R19:
The Sheriff should conduct a thorough analysis of all the causes of overtime, with the pur- pose of providing solutions.
F4:
Numerous conditions at the Monterey County Jail are substandard, and fail to comply with the requirements of Title 15 or Title 24 of the California Code of Regulations.
Related Recommendations (1)
R21:
In addition to the regular annual inspection, the Monterey County Health Department should conduct at least one unannounced inspection of the Jail facility each year.
F5:
There is inadequate inmate programming space in the Jail.
Related Recommendations (1)
R11:
Immediately provide additional adequate programming space for the current Jail facility.
F6:
The plans for the upcoming Jail addition may not include adequate space for inmate pro- grams and training.
Related Recommendations (1)
R2:
The plans for the Jail addition should include sufficient inmate program and training rooms.
F7:
The inmate training and other inmate programs at the Jail are currently, and have been in recent years, inadequate.
Related Recommendations (1)
R1:
The Sheriff should request, and the Board of Supervisors should approve, adequate fund- ing for additional staff positions and inmate programs for the Jail.
F8:
The mailroom is insufficiently staffed, and there is a lack of mail screening equipment.
Related Recommendations (2)
R15:
Funds should be sought for an additional full-time Mailroom Clerk.
R16:
Funds should be sought to purchase electronic mail scanning equipment for the mail room.
F9:
Inmate-to-inmate mail across units is permitted and poses a safety risk.
Related Recommendations (1)
R6:
Prohibit inmate-to-inmate mail except between immediate family members.
F10:
Inmate health and welfare checks are not being consistently performed.
Related Recommendations (1)
R8:
The Jail administration should enforce a formal, mandatory progressive discipline system to be consistently applied for all employee disciplinary matters including not properly making or documenting inmate welfare/safety checks.
F11:
Inmate health and welfare check logs are not being properly completed.
Related Recommendations (1)
R8:
The Jail administration should enforce a formal, mandatory progressive discipline system to be consistently applied for all employee disciplinary matters including not properly making or documenting inmate welfare/safety checks.
F12:
Contraband, primarily in the form of drugs, is a serious problem at the Jail.
F13:
The paint and cleanliness of many parts of the Jail are substandard.
Related Recommendations (1)
R20:
Allocate appropriate funds for the ongoing maintenance of the current Jail facility.
F14:
There are no windows in the doors entering into the inmate dormitory areas which poses a safety risk.
Related Recommendations (1)
R3:
Install prison-strength view windows onto each door leading into an inmate area.
F15:
The Jail is viewed through video cameras by one officer in a control tower with limited re- lief staff.
Related Recommendations (1)
R5:
Assign adequate relief staff to the security camera control tower.
F16:
There are too few cameras placed around the institution to give total coverage of the facil- ity.
Related Recommendations (1)
R4:
Purchase and install additional cameras to adequately cover blind spots in the current cam- era system.
F17:
Roll call briefings at the beginning of a shift are inconsistently conducted, and such brief- ings are necessary for continuity.
Related Recommendations (1)
R9:
Roll call briefings should be regularly conducted.
F18:
The Chief Probation Officer has the discretion to spend and is ultimately responsible for the AB 109 funds received from the State.
F19:
At least one position in the Sheriff’s Office funded by AB 109 funds is not staffed as re- quired by the MOU with the Probation Department.
F20:
The Jail administration has identified and documented chronic problems in the Daily 24- Hour File Audits.
Related Recommendations (1)
R7:
Immediate efforts should be made to correct chronic problems identified in the Daily 24- Hour File Audits
F21:
The ISS staff, using nearly half of the Inmate Welfare Fund, supervises inmates in per- forming routine Jail cleaning and maintenance rather than providing inmate training and programs.
Related Recommendations (1)
R14:
The ISS positions that are currently funded from the Inmate Welfare Fund should be funded from the Jail budget.
F22:
There are financial expenditures from the Inmate Welfare Fund that do not appear to be consistent with statutory requirements.
Related Recommendations (3)
R10:
The Chief Probation Officer should annually audit the Sheriff Office’s use of AB 109 funds to insure that the expenditures are fulfilling the mandates of State law.
R12:
Undertake an outside audit of the use of the Inmate Welfare Funds to determine whether the funds are being spent in accordance with State law.
R13:
Reestablish the Inmate Welfare Fund Advisory Committee and appoint at least three civil- ians to serve on the Committee.
F23:
CFMG has been the sole provider of medical care at the Jail for 26 consecutive years. 17
Related Recommendations (2)
R17:
When the Jail Medical Services contract next comes up for bid, it should be widely adver- tised and proposals should be actively solicited from as many different contractors as pos- sible.
R18:
Analyze the possibility of providing medical services run by the Sheriff’s Office, in part- nership with Natividad Medical Center. 18
F24:
Approximately 10% of the sworn deputies are on modified duty or other leave that reduces the workforce at the Jail, contributing to staff shortages and overtime.
F25:
There is minimal use of a formal progressive disciplinary system for staff infractions.
Related Recommendations (1)
R8:
The Jail administration should enforce a formal, mandatory progressive discipline system to be consistently applied for all employee disciplinary matters including not properly making or documenting inmate welfare/safety checks.
Findings & Recommendations
6 findings
F1:
The separation of Natividad’s IT Department from the County’s IT Department in 2009 was warranted, due to unique regulations and auditing standards for health provider insti- tutions.
Related Recommendations (1)
R1:
Natividad Medical Center share its IT Department model with other county hospitals as a standard of excellence when appropriate at all upcoming opportunities.
F2:
Natividad Medical Center is exemplary of best practices in its protection of patients’ PHI.
Related Recommendations (1)
R2:
Natividad Medical Center immediately review and ensure that its notices to the public about HIPAA breaches are written in languages commonly understood by the impacted persons.
F3:
Natividad Medical Center has 24/7 IT Department staff well-equipped to prevent cyberat- tacks.
Related Recommendations (1)
R3:
Natividad Medical Center continue to improve and update best practices for secure physi- cal delivery of PHI documents to other healthcare providers and individual patients while awaiting an active HIE for secure transmittals.
F4:
Natividad Medical Center minimizes downtime of its IT networks by dedicated, continual monitoring.
F5:
Language translation services should be utilized in preparing written notices to persons im- pacted by PHI breaches whose common language is other than English or Spanish.
F6:
A weak link exists in security of PHI with hand-delivered paper documents.
Additional Recommendations
1
Not linked to specific findings.
R12-13:
servers. Before each laptop computer is assigned forces rights, and promulgates to an employee of Natividad Medical Center, it under- regulations, develops policy goes a total volume disk encryption, which prevents and provides technical assis- unauthorized access to data storage. If the user is unable tance and public education to to connect with the system, the laptop becomes unus- ensure understanding of and able. compliance with HIPAA privacy and security laws. Every night the workstation computers are scanned for Health Information Exchange security. All websites accessed by staff are content fil- (HIE): the mobilization of tered and scanned for viruses on an ongoing basis. Some healthcare information elec- have USB ports turned off. Users have access only to tronically across organizations those networks for which they have a need to access. within a region, community or Smart phones can only access a guest network; they hospital system. have no internal access. Employees can be set up to ac- Information Technology (IT): the cess their Natividad network email via their smart application of computers and phones, but users must give permission for phone wipes telecommunications equipment by the IT Department, which would completely elimi- to store, retrieve, transmit and nate all storage data on the user’s cell phone. manipulate data, often in the context of a business or other The IT Department staff through its system can deter- enterprise encompassing com- mine who accesses data, what data is accessed, where puter hardware, software, elec- and when it is accessed, and what is printed. All accesses tronics, semiconductors, to patient records are logged. Any suspicious activity can internet, telecom equipment, e- be traced to a specific workstation for follow-up. commerce and computer serv- ices. The Natividad IT Department is working with other Protected Health Information county hospitals to create a Health Information Ex- (PHI): any information about change (HIE) where patient information can be shared health status, provision of electronically. Salinas Valley Memorial Healthcare Sys- health care, or payment for tem, Natividad Medical Center, and Community Hospi- health care that can be linked tal of the Monterey Peninsula are close to being able to to a specific individual, includ- connect with each other. Mee Memorial Hospital will ing any part of a patient’s med- follow. The HIE will be inclusive of county clinics and ical record of payment history. 5 the Monterey County Health Department. Even without the HIE in effect, the IT Department re- ported that paper breaches are more common than electronic breaches at Natividad. When re- quested, printed medical information is physically given to a patient for transmittal to another service provider, because Natividad Medical Center is not yet able to transmit data through an HIE. TRAINING OFALLSTAFF, EMPLOYEES, AND THIRD PARTYVENDORS All staff are trained in their IT responsibilities when they are hired, and they receive security training regularly. Before being hired, each must pass a background check. Third party vendors must also go through training and execute contracts drafted by counsel for the IT Department to ensure compliance with Natividad’s patient PHI policies and procedures. All users have unique passwords to log on to workstation laptops. There are separate passwords for the various networks. They must be changed frequently, and no similarities to former pass- words are allowed. The system will lock out the user on multiple failed login attempts. All pass- words and account information are kept in a vault for access by IT staff when necessary. The IT system scans email coming in and going out of its networks. It blocks spam and any unauthorized links. It examines any suspected infections to the networks. POLICIESAND PROCEDURES TOACHIEVE COMPLIANCE AND SECURE SENSITIVE INFORMATION Natividad Medical Center staffs its IT Department 24 hours a day, 7 days a week, every day of the year. A minimum of two (2) IT staff are on call at all times. Natividad Medical Center de- votes 5.5% of its budget, approximately $10 million to IT. Currently, Natividad’s IT requires one factor (password) for access to the networks. The IT De- partment is moving toward two factors (badge and password) as a single access for all authorized platforms and auto logout users. This will eliminate the need to open multiple platforms and speed workflow. There is a formal handbook containing specific information for compliance with policies and procedures. Troubleshooting occurs regularly, and IT Department staff monitor the system 24 hours a day to protect the community that utilizes the services of Natividad Medical Center. MCCGJ was pleased to learn of the standards and quality of care by Natividad’s IT Department. One important aspect of Natividad’s service to the community is its readiness to communicate medical diagnoses and treatment in languages of the people it serves, including multiple dialects. Persons with language skills are on call to translate for patients and their families when no staff can. Currently Natividad has legally required written notices to persons who are impacted by PHI breaches in English and Spanish. If there are other languages commonly used by a large number of its patients, those notices should be translated for their understanding, as well. FINDINGS F1. The separation of Natividad’s IT Department from the County’s IT Department in 2009 was warranted, due to unique regulations and auditing standards for health provider insti- tutions. F2. Natividad Medical Center is exemplary of best practices in its protection of patients’ PHI. F3. Natividad Medical Center has 24/7 IT Department staff well-equipped to prevent cyberat- tacks. F4. Natividad Medical Center minimizes downtime of its IT networks by dedicated, continual monitoring. F5. Language translation services should be utilized in preparing written notices to persons im- pacted by PHI breaches whose common language is other than English or Spanish. F6. A weak link exists in security of PHI with hand-delivered paper documents. RECOMMENDATIONS R1. Natividad Medical Center share its IT Department model with other county hospitals as a standard of excellence when appropriate at all upcoming opportunities. R2. Natividad Medical Center immediately review and ensure that its notices to the public about HIPAA breaches are written in languages commonly understood by the impacted persons. R3. Natividad Medical Center continue to improve and update best practices for secure physi- cal delivery of PHI documents to other healthcare providers and individual patients while awaiting an active HIE for secure transmittals. RESPONSES REQUIRED Pursuant to Penal Code Section 933.05, the Grand Jury requests a response to all Findings and Recommendations from the following governing body: • Monterey County Board of Supervisors 7 APPLICABLE PRIVACY LAWS AND ENFORCEMENT MEASURES Notice Laws California’s Data Breach Notification Statutes provide that agencies (Civil Code §1798.29) and businesses (Civil Code §1798.82) who maintain computerized data that includes personal infor- mation of others must notify individuals of any breach of their personal data immediately upon discovery. Personal information is defined to mean (1) a person’s user name or email address in combination with a password or security question and answer that would allow access to an on- line account or (2) a person’s name and one of the following: • Social Security number • Driver’s license or California identification number • Account number, credit card number, debit card number, with any required security code, access code, or password that would allow someone to access the individual’s account number • Medical information1 • Health insurance information2 The HIPAA Final Omnibus Rule of 2013 requires agencies and businesses sending notices for a breach that effects 500 or more residents of California to send a copy of the written Notice to the California Attorney General, thereby making a record of the crime. As of February 20, 2015, there were 18 reported in 2015 throughout California. Law Enforcement The OCR arm of the U.S. Department of Health and Human Services is tasked with enforcing the privacy and security laws. It has three functions. (1) It teaches health and social service work- ers about civil rights, health information privacy, and patient safety confidentiality laws that they must follow; (2) It educates communities about civil rights and health information privacy rights; and (3) It investigates civil rights, health information privacy and patient safety confidentiality complaints to find out if there is discrimination or violation of the law and takes action to correct problems. Medical information as defined by the Civil Code is any information regarding an individual’s medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. Health insurance information as defined by the Civil Code is an individual’s health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual’s application and claims history, including any appeals records. 8
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Findings & Recommendations
10 findings
F1:
The FCS Branch may place staff social workers in new positions without sufficient and necessary orientation and training.
Related Recommendations (1)
R1:
The FCS Branch implement a “Zero Tolerance Policy” for anger in the interactions be- tween all staff.
F2:
The FCS Branch may place supervisors in assignments without sufficient orientation or training.
Related Recommendations (1)
R2:
The FCS Branch provide training for emotional intelligence, work stress, and communica- tion skills for all staff.
F3:
Conditions and priorities in the work environment make it difficult for staff to attend train- ing sessions if the training is on site.
Related Recommendations (1)
R3:
The FCS Branch enforce the policy of requiring supervisors to meet with employees one- on-one on a monthly basis.
F4:
There are some supervisors who communicate to subordinates in an unacceptable, de- meaning manner.
Related Recommendations (1)
R4:
The FCS Branch provide time for employees to devote to training without interruption.
F5:
Some supervisors use the removal of the 9-80 schedule as punishment for work issues that could be handled in a less threatening manner, and in a way that wouldn’t compromise of- fice function.
Related Recommendations (1)
R5:
The FCS Branch assign supervisors to units only after those supervisors have had experi- ence and training in those units.
F6:
FCS Branch talks about team building but does not uniformly implement it in a pragmatic manner.
Related Recommendations (1)
R6:
The FCS Branch assign supervisors and staff to jobs that reflect individual abilities and provide training and sufficient orientation to develop and support those abilities.
F7:
There appears to be a lack of knowledge and application of emotional intelligence in the FCS Branch.
Related Recommendations (1)
R7:
The monthly supervisory meetings be used, and documented, to resolve all individual mat- ters such as personal leave, workload efficiency, and general progress. There should be no surprises at evaluation time.
F8:
Social workers within FCS are passionate about their work but don’t feel supported or ap- preciated by some supervisors and management. 8
Related Recommendations (1)
R8:
Staff meetings, both for individual units, programs, and all staff be held regularly. Program managers should attend these. The agency director should also attend “all staff” meetings, and solicit input from line staff so that they maintain an awareness of the morale of the of- fice.
F9:
Emergency calls often interfere with lunch breaks; often these breaks are not taken because of the amount of work required of each employee.
Related Recommendations (1)
R9:
FCS Branch require transparency in procedures and case assignments.
F10:
FCS Branch and the Monterey County DSS offices are difficult for the public to locate due to lack of both exterior and interior signage.
Related Recommendations (1)
R10:
The FCS Branch management be observant regarding whether employees have had a half- hour respite at appropriate times.
Additional Recommendations
2
Not linked to specific findings.
R11:
The building at 1000 South Main Street in Salinas be provided with signage to clearly in- form the public that it is the location of the Monterey County Department of Social Serv- ices and the FCS Branch.
R12:
The building be provided with interior signage to help guide the public to the appropriate offices.
Findings & Recommendations
21 findings
F1:
In the time period note above, City operations were undisciplined, as City policies were outdated, nonexistent or ignored. With several empty Department director positions, em- ployees worked hard to keep up and paid little attention to standard municipal procedures.
Related Recommendations (1)
R7:
The City immediately procure and implement appropriate, full-function financial manage- ment software.
F2:
In the time period noted above, there were serious flaws and vulnerabilities in network system security, placing the City at risk financially and legally.
Related Recommendations (1)
R3:
The City immediately procure or upgrade to an appropriate IT System and secure the data network.
F3:
In the time period noted above, contracts were mismanaged with regard to public bidding, purchase order processing, and services provided with expired contracts.
Related Recommendations (3)
R8:
The City review the contract awarding process to ensure that the Carmel Municipal Code provisions are being followed at departmental levels, and that where called for, public bid- ding is used.
R9:
The City review (or rewrite if necessary) the purchasing process, to ensure that the Carmel Municipal Code provisions are current, complete, and are being followed.
R12:
The City establish a content list for City contract files and assure that such files contain (as applicable): bidding process compliance (RFP); vendor proposal and all attachments; legal review; staff summary report to the City Council; City Council resolution; and where there are contract amendments, all of the foregoing as appropriate.
F4:
In the time period noted above, the City Council was not provided with contract payment schedules or accumulated payment tracking reports.
Related Recommendations (1)
R11:
The City report periodic payments under contracts to the City Council, in a manner which reflects the total contract amount and total payments to date, as well as the current monthly payment.
F5:
In the time period noted above, the Human Resources process was mismanaged with re- gard to pay grades, progressive discipline, and proper staff training, and was lacking in leadership.
Related Recommendations (3)
R4:
The City immediately hire an experienced Human Resources Director and fill all open po- sitions as quickly as possible.
R5:
The City define and utilize a formal, mandatory progressive discipline system to be consis- tently applied for all employee disciplinary matters.
R6:
The City require that all employees undergo formal training, with specific focus on job re- sponsibilities, City policy, and Municipal Code guidance for their specific positions. 23
F6:
In the time period noted above, the Public Records Act request process was unstructured, noncompliant, and ad hoc.
F7:
The Mayor and City Council did not fully execute their responsibilities of inquiry and oversight.
Related Recommendations (1)
R2:
The Mayor and City Council conduct a structured review of the City’s departments each month, to ensure proper oversight of City operations and more aggressive use of their power of inquiry.
F8:
Neither the Mayor nor the City Council members received any formal training or substan- tive orientation on the responsibilities of their positions.
Related Recommendations (1)
R1:
The City require all elected officials to undergo The League of California Cities “New Mayors & Council Members Academy” formal training, for each new term of office.
F9:
The Mayor and the City Council members were more responsive to political pressure than to the need for effective governance.
F10:
Mr. Stilwell was a well-qualified City Administrator who recognized and diligently ad- dressed widespread City management problems and tried to implement shifting City Coun- cil priorities, maintaining a professional attitude in spite of external pressure and criticism. He may have avoided much of the upheaval surrounding his administration by having a clearer perception of the nature of small-town government and exercising a more thought- ful and measured approach to change.
F11:
Ms. Paul was an experienced Administrative Services Director who quickly recognized areas of mismanagement and risk for the City and implemented solutions within what she understood to be her areas of authority with due diligence and proper municipal procedure. Her decisive by-the-book actions and abrupt manner caused resentment among longtime employees and City residents, which may have been avoided with more sensitivity on her part to the City’s culture.
F12:
There was no credible evidence to support allegations of contract splitting, cronyism or any other wrongdoing under Mr. Stilwell or Ms. Paul. 22
F13:
The General Law/Weak Mayor structure was often misunderstood by Carmel citizens and the City Council.
F14:
The local media provided easy access for City employees to vent their side of a story when the City’s hands were tied by employee privacy restraints.
F15:
The governance and administration of the City is unduly influenced by the reportorial and editorial practices of The Carmel Pine Cone.
F16:
The position of City Treasurer is underutilized and so provides little benefit to the City.
Related Recommendations (1)
R13:
The City enhance the role of the City Treasurer such that the position has responsibility in the day-to-day financial management, including tracking the status of all contracts, identi- fying payment overages, and reporting to the City Council.
F17:
The City Treasurer was isolated from any meaningful role in the contract/invoice disburse- ments and tracking system.
Related Recommendations (2)
R10:
The City adopt a procedure whereby all major contracts are reviewed and signed off by the City Attorney and City Treasurer.
R13:
The City enhance the role of the City Treasurer such that the position has responsibility in the day-to-day financial management, including tracking the status of all contracts, identi- fying payment overages, and reporting to the City Council.
F18:
There was no evidence of any systematic review of contracts in excess of $25,000 by legal counsel as to form or content.
Related Recommendations (1)
R10:
The City adopt a procedure whereby all major contracts are reviewed and signed off by the City Attorney and City Treasurer.
F19:
A significant amount of money is spent on outside counsel as it supplements the City At- torney position in numerous matters including but not limited to labor and employment concerns, public records requests, general business and facilities, joint powers agreements, municipal law, and miscellaneous lawsuits.
Related Recommendations (2)
R14:
The City make the City Attorney position a full-time City employee requiring meaningful experience in the areas of contracts, employment law, and Public Records Act requests, as well as municipal law.
R15:
The City Attorney manage the selection, and oversee the engagement of outside legal counsel, including the review and approval of their billings.
F20:
Historical averages of amounts spent on outside legal services over the past five years would support a full-time City Attorney and staff where such attorney would have experi- ence in contracts, employment matters, and Public Records Act requests, as well as munic- ipal law.
Related Recommendations (1)
R14:
The City make the City Attorney position a full-time City employee requiring meaningful experience in the areas of contracts, employment law, and Public Records Act requests, as well as municipal law.
F21:
The City Council seriously failed to exercise its power of inquiry in its decision-making process regarding rehires, by excluding the City’s outside defense counsel from the process and by negotiating hasty settlements of claims in the early or pre-litigation stages, which precluded any meaningful scrutiny of these employment issues.
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Findings & Recommendations
15 findings
F1:
English Language Learners (ELL) in Monterey County perform far below the minimal ac- ademic standards established by the state and continue to be unprepared for college or the workplace, largely due to inadequate progress in learning English.
Related Recommendations (1)
R1:
Work with school districts to create a set of ELL standards for use or reference in the de- velopment of districts’ LCAP, to make it easier for them to set and achieve ELL goals.
F2:
Monterey County school districts have developed local control accountability plans (LCAP) that are producing uneven results in ELL academic achievement.
Related Recommendations (1)
R2:
Act as a resource for small school districts located in rural, distant areas of South Mon- terey County in meeting and exploring how they can work together to make most efficient use of shared ELL and other resources.
F3:
The training and support MCOE offers to school districts in development of their LCAP centers primarily on achieving compliance with state requirements and does not include working together to create quality standards or ELL strategies that can produce positive re- sults.
Related Recommendations (1)
R3:
Establish a satellite office in South Monterey County to increase accessibility and commu- nication of County programs and services by September 2016.
F4:
There is an important role for MCOE to play in regularly disseminating ELL best practices and sharing successful ELL strategies countywide.
Related Recommendations (1)
R4:
Take on the role of compiling and disseminating successful ELL practices and perform- ance measurements around the County.
F5:
There was no evidence to suggest that MCOE promotes two-way communication and a partnership approach with school districts that encourages sharing of information and re- sources or that solicits frank input about the needs of local English Language Learning programs from frontline educators and administrators.
Related Recommendations (1)
R5:
Publish best practices and resources for all ELL stakeholder groups on the MCOE or other dedicated website by September 2016.
F6:
Although the MCOE website contains a variety of information, it is completely lacking in English Language Learner resources and best practices.
Related Recommendations (1)
R6:
Establish the regular practice of offering forums that bring together school district ELL personnel with their counterparts at other districts, so they can share information, explore solutions to similar problems, and share strategies and practices by January 2016.
F7:
There was no evidence to suggest that MCOE or any other professional organization pro- vides opportunities for stakeholders (school boards, parents, students, staff, community members, etc.) to learn about their role and responsibilities in supporting the English Lan- guage Learner.
Related Recommendations (1)
R7:
Sponsor and facilitate an annual stakeholder (i.e. representative parents, boards, students, administrators, support staff, etc.) “Summit” to help each group define its roles and re- sponsibilities that influence the English Language Learning process starting in September 2016.
F8:
The workshops, trainings and special programs offered by MCOE are often not well sub- scribed by school districts.
Related Recommendations (1)
R8:
Adopt or develop an online program of professional development workshops to increase access for teachers unable to attend on-site classroom training by June 2017.
F9:
The relatively few ELL professional development trainings that are offered by MCOE do not appear to be scheduled well enough in advance to allow for planning by school district personnel.
Related Recommendations (1)
R9:
Begin a regular practice of soliciting input from all County school districts to determine professional development needs as a basis for creating an annual calendar of ELL educa- tional services, workshops, and activities by September 2015.
F10:
It is very difficult for schools in southern parts of the county to take advantage of MCOE trainings, since most are offered at the Salinas location.
Related Recommendations (1)
R10:
Make a commitment to bring the best evidence-based state and national programs and ex- pert speakers on English Language Learning for County professional development activi- ties. 15
F11:
MCOE does not offer online professional development programs/training or significant other alternative delivery systems to increase accessibility and participation. 14
Related Recommendations (1)
R11:
Immediately fill the English Language Learning specialist position that has been recently vacated.
F12:
Quality professional development provided by experienced ELL experts (generally not MCOE staff) and focused on proven evidenced-based methods was identified as a need by County school districts.
Related Recommendations (1)
R12:
Establish an operational budget for the MCOE English Language Learning specialist to carry out the full scope of duties that support professional development, open communica- tion and cooperation among all County school districts by September 2015.
F13:
MCOE has one specified position for an ELL Specialist that is currently vacant.
Related Recommendations (1)
R13:
Hire a full-time grant writer to consistently identify grant opportunities and develop grant applications to raise additional funds in support of district ELL programs.
F14:
There is no operational budget beyond salary for the activities listed in the MCOE ELL Specialist job description.
Related Recommendations (1)
R14:
Benchmark and evaluate County ELL practices and services against practices used by other COEs that are successfully serving ELL stakeholders beyond state compliance re- quirements.
F15:
No professional grant writer(s) is on staff at MCOE to offer expertise, guidance and sup- port to school districts.
Related Recommendations (1)
R15:
Perform an organizational audit to determine optimal staffing levels at the Monterey County Office of Education that reflects the diminished scope of required COE services provided under the new Local Control Funding model.
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Findings & Recommendations
8 findings
F1:
The HAMC does not currently have any meaningful procedure for the receipt, processing, investigation or response to complaints regarding abuse of its housing assistance programs.
Related Recommendations (1)
R1:
That Resolution 2813 be expanded to provide transparency to the public and staff as to how complaints are analyzed and managed. A log of these issues, with timelines and re- sponses documented, should be the basis of an ongoing quality management review by the Board, thus checking their status and being responsive to the public.
F2:
The Board of Commissioners has not had a formal complaint tracking mechanism.
Related Recommendations (1)
R2:
That the HAMC adopt a formal written complaint resolution policy and procedures. This would include of a log of incoming complaints, to whom they were assigned, and how and when they were resolved.
F3:
Resolution 2813, adopted by the Board in March 2015, does not provide for an ongoing complaint log that should be available to the public and staff at Board meetings,
Related Recommendations (1)
R3:
That the HAMC respond to complaints about particular addresses where their clients are located as readily as they do to complaints about individual clients by name. They are en- couraged to use all database entries available for pertinent information. 8
F4:
Resolution 2813 does not require a process whereby analysis of complaints by the Board is mandatory as a regular agenda item.
Related Recommendations (1)
R4:
That HAMC establish a Quality Management committee to review, analyze, and report on complaints received by the Agency
F5:
The Executive Director of HAMC did not respond to at least one member of the public (the complainant referred to above) even though she stated in writing that she would. Therefore, this particular complaint was unresolved. There may still be ongoing violations at that particular address.
Related Recommendations (1)
R5:
That the HAMC hire a program integrity staff member to work with the Housing Programs for outreach and investigation of possible fraud and mismanagement. A person in that posi- tion would assist the HAMC in fiscal management by identifying misuses. He/she would work with the DA to prosecute and recover monies.
F6:
HAMC staff do not respond readily to complaints about a given address, and prefer to focus on individual clients by name, despite the fact addresses can be cross-referenced on the database, and names of clients currently living at that address can be called up.
Related Recommendations (1)
R6:
That the HAMC investigate, currently, the address that was the subject of the complaint re- ferred to in this document.
F7:
HAMC staff also do not maintain a formal log of complaints received.
Related Recommendations (1)
R7:
That HAMC increase interaction with Law Enforcement so that there could be cross re- porting on addresses of police calls (such as when the police know the address is an HAMC project-based unit.)
F8:
The agency needs more staff help to investigate complaints and community concerns, for example a program integrity specialist.
Related Recommendations (1)
R8:
HAMC establish a program to create more owner/landlord awareness of current and ongo- ing regulations that they may need reminders about. Quarterly meetings with landlords would be useful, in addition to an HAMC newsletter.
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Findings & Recommendations
14 findings
F1:
The MPWMD has effectively communicated the need for consumers to conserve water.
Related Recommendations (1)
R1:
Monterey Peninsula Water Management District (MPWMD) continue conservation efforts to achieve additional water savings, with the goal of conserving an additional 500 acre-feet per year by the end of 2016. 10
F2:
Reduced funding for the MPWMD rebate program may impact participation in the volun- tary retrofit of home appliances.
Related Recommendations (1)
R2:
MPWMD seek additional funding to offset reduction in rebate program budget by the end of 2015.
F3:
Water conservation efforts for the MPWMD are nearly maximized; further efforts may conserve an additional 500-1,000 acre-feet per year.
Related Recommendations (1)
R3:
MPWMD offer incentives for retrofitting multi-family laundry facilities by the end of 2016.
F4:
Although water sources are sufficient for existing MPWMD communities and customers, this will change with the execution of Order 95-10 and enforcement of the State’s Cease- and-Desist Order Cal Am to decrease pumping from the Carmel River.
Related Recommendations (1)
R4:
MPWMD mandate installation of pressure reducers on all water supply lines by the end of 2016.
F5:
Although current water sources are sufficient to serve existing MPWMD customers, these sources are not sufficient to allow for growth.
Related Recommendations (1)
R5:
MPWMD institute offset programs for new residential and commercial developments that offer incentives for builders to pay for conservation efforts in other structures as part of permit approval beginning in January 2016.
F6:
The MPWMD supports the current Cal Am proposal to construct (and so own) a desalina- tion facility and has agreed to access low-cost funding for this project on behalf of Cal Am.
Related Recommendations (1)
R6:
MPWMD install water saving devices (low-flow toilets, water-efficient washers and dish- washers, aerators) in low-income housing units in conjunction with offset programs.
F7:
The MCWD has sufficient water to serve existing customers but will need reliable sources of additional water if proposed developments in Ft. Ord are to move forward.
Related Recommendations (1)
R7:
The Marina Coast Water District (MCWD) continue conservation efforts to achieve addi- tional water savings.
F8:
2014 groundwater legislation could affect the MCWD’s current allocation of water from the Salinas Valley Basin.
Related Recommendations (1)
R8:
MCWD install technology to track water use in real time by the end of 2016.
F9:
A lack of permanent senior management at MCWD has led to instability within the organi- zation.
Related Recommendations (1)
R9:
MCWD hire additional personnel to expand current conservation efforts by September 2015.
F10:
Individuals elected to the MCWD Board of Directors are not required to undergo formal training in governance, procedure, and chain of command.
Related Recommendations (1)
R10:
MCWD institute offset programs for new residential and commercial developments that offer incentives for builders to pay for conservation efforts in other structures as part of permit approval beginning in January 2016.
F11:
The technology exists to track water use in real time, alerting technicians to serious water leaks; however, MCWD does not have this technology in place.
Related Recommendations (1)
R11:
MCWD hire permanent General Manager and District Engineer as soon as possible to sta- bilize operations.
F12:
Excess surface water from the Carmel and Salinas Rivers could be used to recharge the aquifers, providing a method for “storing” water that would otherwise flow to the ocean. MPWMD is currently capturing water from the Carmel River.
Related Recommendations (1)
R12:
MCWD provide mandatory and ongoing training for all board members, effective immedi- ately.
F13:
The MOU signed by both districts and the Monterey County Water Resources Agency, the Monterey County Regional Water Pollution Control Agency, and the City of Salinas may lead to a more efficient use of reclaimed and treated wastewater across the county, pro- vided the MOU results in a signed agreement.
Related Recommendations (1)
R13:
MPWMD and MCWD keep abreast of new technology for conservation and desalination and utilize such technology when economically feasible.
F14:
Conservation offset programs that involve conservation agreements between developers, water districts, and cities have significant potential to benefit both conservation efforts and city planning.
Related Recommendations (1)
R14:
MCWD and MPWMD make all possible efforts to form an agreement with the signers of the wastewater MOU with the goal of having such an agreement in place by the end of 2015.
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Findings & Recommendations
11 findings
F1:
The occupancy rate for non-aviation ‘outside storage areas’ properties is 63.7%, significantly lower than other Monterey Regional Airport spaces.
Related Recommendations (1)
R1:
Dedicate adequate staff to oversee the property management component of the airport’s rev- enue.
F2:
Monterey Regional Airport parking rates have not been adjusted in seven years and are losing potential revenue for the airport.
Related Recommendations (1)
R2:
Immediately evaluate non-aviation ‘outside storage areas’ such as the areas occupied by the current tree service tenants, to determine what can be done to encourage additional tenants.
F3:
The availability of street parking in the adjacent neighborhood is causing the airport to lose parking revenue.
Related Recommendations (1)
R3:
Provide regular maintenance and upgrades to the buildings that are located on the airport’s north side property, to keep them rentable and up to standards.
F4:
The possibility exists to redefine the airport property as a “utility” district, potentially generat- ing new revenue streams.
Related Recommendations (1)
R4:
Confirm that all airport property rates are in line with local ‘market rent’ rates.
F5:
The airport’s north side property is a valuable, income-producing asset contributing to airport operations.
Related Recommendations (1)
R5:
Immediately research the potential of redefining MRA as a utility district to generate new rev- enue streams.
F6:
Most tenant leases are subject to CPI (Consumer Price Index) rate increases. In some cases however, tenants cannot raise their price point at the same rate and remain in business.
Related Recommendations (1)
R6:
Evaluate the impact of raising parking rates.
F7:
MRA pays competitive-to-high salaries for airport personnel, enabling employees to live on the Monterey Peninsula.
Related Recommendations (1)
R7:
Enter into further discussions with the City of Monterey to regulate free street parking on the adjacent city streets.
F8:
MRA is currently underutilized by area residents, capturing only 40% of the passengers in its service area.
Related Recommendations (1)
R8:
Work with the local tourist and hospitality industry (Monterey County Convention and Visi- tors Bureau) to expand marketing of the area as a destination.
F9:
Increased airline activity at the airport will increase revenue. Discussions with airlines, are currently underway.
Related Recommendations (1)
R9:
Consider advertising with online commercial real estate services (such as LoopNet) as a means of attracting tenants.
F10:
The Airport District is making a concerted effort to reach customers through local TV adver- tising and has begun to use social media to promote its services.
Related Recommendations (1)
R10:
Expand the use of social media for marketing purposes.
F11:
The cost of Board of Directors elections can potentially be reduced by privatizing the election process. 10
Related Recommendations (1)
R11:
In terms of advertising, continue to emphasize the traveler’s savings on time, gas, hotels, parking, and traffic aggravation by flying from Monterey.
Additional Recommendations
3
Not linked to specific findings.
R12:
Continue to work with various airlines to pursue additional flight destinations.
R13:
Immediately research the potential cost savings of hiring private companies to administer air- port Board of Directors elections.
R14:
Annually revisit the question of using shared police services vs. in-house services.
Findings & Recommendations
10 findings
F1:
AlertMontereyCounty is potentially the most effective method of reaching all citizens with both emergency and non-emergency notifications, in English and Spanish.
Related Recommendations (1)
R1:
OES continues training city personnel in the application and use of AlertMontereyCounty.
F2:
Despite maintaining a sophisticated and flexible alerting system, the County of Monterey cannot reach the majority of residents in an emergency using AlertMontereyCounty.
Related Recommendations (1)
R2:
OES reaches all agencies operating within the county—including Highway Patrol, Sheriff, and CalFire—for training in the use of AlertMontereyCounty.
F3:
Reaching all citizens in the event of an emergency is critical.
Related Recommendations (1)
R3:
CAO immediately commits resources (financial and personnel) needed to publicize Alert- MontereyCounty with the goal of registering all wireless telephones by a specified target date.
F4:
Individuals can register for AlertMontereyCounty only through the website, making regis- tration difficult for those who are not experienced with computers or do not own a com- puter.
Related Recommendations (1)
R4:
OES works with local libraries throughout the county to distribute information about Alert- MontereyCounty and to assist patrons in registering wireless telephones. All libraries should be participating by the end of 2015.
F5:
It is difficult for residents who do not speak or read English to register.
Related Recommendations (1)
R5:
County and municipal governments require all county and municipal employees to register their wireless telephones by the end of 2015. 7
F6:
As disaster relief workers it is important that all county employees can be contacted in the event of an emergency.
Related Recommendations (1)
R6:
OES seeks the assistance of Everbridge in developing alternatives, by the end of 2015, for residents to register for AlertMontereyCounty. These alternatives may include but not be limited to: a) Telephone b) Printed application that can be mailed to the OES.
F7:
Adequate funding has not been allocated for advertising and promoting the need for indi- viduals to register wireless telephones with AlertMontereyCounty.
Related Recommendations (1)
R7:
OES requests Everbridge to provide a Spanish language registration form by September 30, 2015.
F8:
Having all residents of the county registered with AlertMontereyCounty will allow for consistency of messaging in the event of an emergency.
Related Recommendations (1)
R8:
OES asks those institutions or agencies currently using their own notification systems (the City of Carmel, CalFire, Monterey Peninsula College, Hartnell College, and the Naval Postgraduate School) to encourage constituents to register with AlertMontereyCounty by June 30, 2016.
F9:
Because the Everbridge software does not include a follow-up component, residents who attempt to register get no confirmation that registration has been successful. If the registra- tion has not been accepted for some reason, they may not know and have a false sense of security with the notification process.
Related Recommendations (1)
R9:
OES works with senior centers, assisted living facilities, and medical facilities to educate and register staff, members, and residents.
F10:
Libraries are an important access point for many residents. As of February 2015, printed materials regarding AlertMontereyCounty were not available at many local libraries, and library staff, when questioned, were not fully briefed on the registration process.
Related Recommendations (1)
R10:
CAO convenes a working group of emergency services personnel and interested parties to promote registration with AlertMontereyCounty.
Additional Recommendations
1
Not linked to specific findings.
R11:
As a supplemental funding mechanism, partnerships be formed whereby local businesses pay for the cost of printed materials promoting registration in exchange for printing their name and logo on the materials.
Findings & Recommendations
8 findings
F1:
The Salinas Police Department currently deploys its MRAP vehicle on all SWAT opera- tions, and during 2014 it was not used for any rescue, barricade, or hostage situations.
F2:
The deployments of the Salinas Police Department’s SWAT team and the Monterey Penin- sula Regional SRU appear reasonably limited to potentially dangerous situations.
F3:
Monterey Peninsula area and Salinas police departments have received only small num- bers of military surplus weapons or equipment from the Department of Defense.
F4:
The Del Rey Oaks Police Department has a written policy governing the use and deploy- ment of its MRAP. All deployments will require prior approval by the Chief of Police.
F5:
The Del Rey Oaks Police Department is not a member of the Monterey Peninsula Regional SRU, PRVNT, STOPP, or the County’s Mobile Field Force.
F6:
The Del Rey Oaks Police Department’s MRAP is not likely to be requested by other local agencies for anything but a rare prolonged active shooter situation or a catastrophic natural disaster.
F7:
Despite its limitations, the Del Rey Oaks Police Department’s MRAP would be more use- ful if Del Rey Oaks joins the Monterey Peninsula Regional SRU and participates in joint training exercises.
Related Recommendations (1)
R1:
The MCCGJ recommends that the Del Rey Oaks Police Department become a member of the Monterey Peninsula Regional SRU.
F8:
The problems noted in the American Civil Liberties Union’s 2014 report, in which they concluded that American policing has become “unnecessarily and dangerously milita- rized,” do not appear to be present in the Monterey area police departments reviewed by the MCCGJ or in the Salinas Police Department.
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Findings & Recommendations
8 findings
F1:
Monterey County land records contain robo-signatures.
Related Recommendations (1)
R1:
Monterey County District Attorney’s Office use its Real Estate Fraud Prosecution Trust Fund budget to immediately consult with a Certified Mortgage Fraud and Forensic Docu- ment Analyst to begin a land records audit.
F2:
Monterey County has no system in place to identify robo-signatures.
Related Recommendations (1)
R2:
Monterey County District Attorney’s Office pursue an increase for the Real Estate Fraud Prosecution Trust Fund fee to $10 per document, if needed, to fund the cost of a forensic examination.
F3:
Monterey County Recorder’s Office is mandated to record all documents that appear valid on their face.
Related Recommendations (1)
R3:
Monterey County District Attorney’s Office, in cooperation with the Monterey County Recorder’s Office, immediately create/obtain a current list of known robo-signers.
F4:
Monterey County collects $9 per document not requiring a documentary transfer tax for the Real Estate Fraud Prosecution Trust Fund.
Related Recommendations (1)
R4:
The Monterey County Recorder’s Office and the Monterey County District Attorney’s Of- fice work together to identify means by which fraudulent robo-signed documents can be identified early by the County and reported to the District Attorney.
F5:
California Penal Code section115.5 provides for statutory penalties up to $75,000 for filing with the County Recorder fraudulent documents relating to the title of or security interest in real property.
Related Recommendations (1)
R5:
Monterey County District Attorney’s Office research other jurisdictions’ developing best practices that can be adapted to Monterey County to ensure land record documents are fac- tually valid.
F6:
Real estate fraud concerns can be shared locally and statewide by the District Attorney’s Office participation in legal network groups. 9
Related Recommendations (1)
R6:
The Monterey County District Attorney’s Office inform the developing Tri-County Task Force and the California Consumer Protection, Northern (“Berkeley”) Roundtable group about issues in land records at their next meetings.
F7:
Audits have spurred other states and counties to aggressively pursue and protect their resi- dents against Real Estate Fraud.
Related Recommendations (1)
R7:
Update the Monterey County District Attorney’s website to provide resources to home- owners and reflect changes in law and procedures regarding suspected fraud in land records.
F8:
Monterey County District Attorney’s Prosecution Fraud website does list a Real Estate Fraud Division: http://www.co.monterey.ca.us/da/real-estate-fraud.htm.
Findings & Recommendations
8 findings
F1:
José Castañeda is currently serving a four-year term, until the end of 2016, as one of the seven elected members of the Salinas City Council. He was elected to the Council in No- vember 2012 to represent District 1.
F2:
At the time of his election to the City Council, José Castañeda was President and a long- term member of the Alisal Union School District Board of Trustees (“Alisal Board”).
F3:
The law is clear that a person who is serving in a city as both a member of a school board and a member of the city’s council is holding incompatible offices and must resign the first office that he was elected to.
F4:
Mr. Castañeda refused to resign from his position with the Alisal Board, forcing the City of Salinas to hire outside counsel to bring a court action (“the incompatible office case”) seeking an order to remove him from the Alisal Board.
F5:
On September 20, 2013 a Judgment was entered in the incompatible office case removing Mr. Castañeda from his position with the Alisal Board and ordering him to pay a fine to the State of California in the sum of $5,000.
F6:
The incompatible office case cost the City of Salinas the sum of $26,555 in legal fees.
F7:
Mr. Castañeda has failed and refused to pay the $5,000 fine.
Related Recommendations (2)
R1:
José Castañeda immediately pay the $5,000 fine that is outstanding in the incompatible of- fice case.
R2:
The City of Salinas pursue the appropriate post-judgment proceedings in the incompatible office case to enforce payment of the $5,000 fine from José Castañeda to the State.
F8:
Subsequent to the Judgment in the Action, the City began collection efforts, including a demand that Mr. Castañeda pay the $5,000 fine, but it gave up efforts when it was learned that he had no attachable assets and he had other civil judgments against him.
Additional Recommendations
1
Not linked to specific findings.
R3:
The City explore amending the City’s Charter to provide for the removal of a City Council Member upon conviction of a crime involving moral turpitude or the failure to pay a fine imposed by a court. 6
Findings & Recommendations
4 findings
F1:
The total $3.4 million funding agreed on is not sufficient to fully fund the projects listed in the Agreement. It is the conclusion of the MCCGJ that it was never sufficient for the scope of the planned projects.
Related Recommendations (1)
R1:
Monterey County seek grants and other outside sources of funding for the projects that are on hold due to lack of funding 5
F2:
Because Moss Landing is not an incorporated city, the Chamber acted properly to make an agreement with Monterey County to manage the funds and the projects. The August 24, 2004 Amendment to the 2001 Agreement with Duke Energy expressly acknowledges this reassignment of management oversight.
Related Recommendations (1)
R2:
The Public Works Department ensure that its website is an accurate source of information for the public about these Moss Landing projects by maintaining updated project informa- tion and financial data
F3:
The County appears to have been responsible stewards of the funds and has been pursuing the necessary designs, permits, easements and rights of way.
Related Recommendations (1)
R3:
The Public Works Department add a category to the FAQ or Special Announcements pages to improve accessibility to information about these projects
F4:
The County has completed a portion of the design for the storm drain project in order that the project may be potentially competitive in seeking grant funding.