Gran Jurado del Condado de Monterey
2016-2017
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 (10)
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Hallazgos & Recomendaciones
4 hallazgos
F1:
There is little doubt that an agency like TAMC is necessary to provide substantive long range planning for regional roadways within Monterey County. To get the job done, TAMC is faced with several obstacles including lack of funding and jurisdictional support.
Recomendaciones relacionadas (1)
R1:
TAMC Board of Directors should identify specific “regional” freeways or highways which would resolve commuter and tourist traffic problems.
F2:
The annual distribution of excise taxes in accordance to the Local Streets and Cities Program is well short of necessary funding for routine county and city road maintenance. A solution to this dilemma is beyond the scope of this report.
Recomendaciones relacionadas (1)
R2:
Local jurisdictions should be required to contact the TAMC Board of Directors prior to making amendments to the “identified” regional arterial roadway.
F3:
Tourist routes to the peninsula and daily commuter traffic between Salinas and Monterey remains unresolved.
Recomendaciones relacionadas (1)
R3:
TAMC Board of Directors should limit the use of stop lights and roundabouts as solutions for local traffic problems. Major regional freeways or highways should utilize on and off- ramps, overpasses and clover-leafs to expedite traffic. Request for Responses: None.
F4:
TAMC’s Board of Directors is comprised of local cities who have voting control over the disbursement of funds. TAMC has no voting privileges, but is responsible for the planning of regional highway systems. Recommendations:
Hallazgos & Recomendaciones
3 hallazgos
F1:
The Grand Jury found the Department of State Hospital – Salinas Valley to be extremely well run both administratively and operationally.
F2:
The jury noted what seemed to be a degree of tension between the Correctional Officers and the Inmates incarcerated at SVSP that wasn’t apparent at the CTF (this could be attributed to the security level of the inmates held at SVSP).
F3:
The Department of State Hospital, in response to court mandated rulings,7 appears to be a step ahead of other facilities of incarceration within Monterey County. Recommendations: None. Invited Response: The Monterey County Civil Grand Jury invites a response to all Findings from Salinas Valley State Prison Warden. Judge Karlton 1995 California Supreme Court, Sacramento Class action suit 73 74
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Hallazgos & Recomendaciones
11 hallazgos
F1:
Until some of the obstacles to academic achievement are addressed, lack of improvements in the ELL students’ academic performance will continue.
F2:
The three elementary school districts in Salinas are not meeting statewide averages for English and math test scores.
F3:
The K - 3 class sizes exceed the 20 students per teacher that was mandated by the California Department of Education in 1996.
F4:
The general goals for the progress of ELL students set by the California Department of Education for teaching ELL students are not specific or quantifiable, and do not provide a standard against which actual results could be compared.
Recomendaciones relacionadas (1)
R1:
The Salinas elementary school districts should adopt specific goals for the number of years it should take for ELL students to achieve proficiency.
F5:
It is unlikely that the low amount of funding per student ADA, the disparity between the cost of living in Salinas and starting teachers’ salaries will be solved in the foreseeable future.
F6:
The new CSUMB / Hartnell College joint venture, the “Professional Teacher Pathway,” in South Monterey County provides a blueprint for similar programs and would contribute to a long- term solution to the shortage of qualified teachers in the Salinas elementary schools.
F7:
Cooperation and coordination between the elementary school districts and the Salinas middle schools within the Salinas Union High School District is not adequate to ensure that all students entering middle schools are equally prepared.
Recomendaciones relacionadas (1)
R2:
The three Salinas school districts should establish and use a uniform ELL curriculum to ensure that all students are equally prepared when entering middle school. Request for Responses: Pursuant to Penal Code section 933.05, the Monterey County Civil Grand Jury requests a response to Findings F 2. – F 7. and Recommendations R 1. & R 2. From the following: Monterey County Office of Education Alisal Union Elementary School District Salinas City Elementary School District Santa Rita Union Elementary School District
F8:
The Local Control Funding Formula (LCFF) provides supplemental funding for a variety of student needs and these funds are included in the General Operating Funds of the Elementary School Districts. 32
F9:
The Cafeteria Fund is a restricted Federal fund that is to be used only for the “Free and Reduced Meal Plan”, and for that reason this fund is reported separately from the General Operating Funds of the Elementary School Districts.
F10:
Despite the obstacles to be overcome, the MCCGJ found reason to be optimistic about the long-term future of elementary school education in Salinas.
F11:
The MCCGJ was impressed by the dedication of the individuals who were interviewed. Recommendations:
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Hallazgos & Recomendaciones
9 hallazgos
F1:
The archivists and historians employed by the different agencies are well educated in their field and take great care in their duties.
F2:
Most agencies in Monterey County charged with the task to maintain and store historical records and artifacts do the best that they can with the facilities and funds they have available.
Recomendaciones relacionadas (1)
R2:
This index once created should be shared between each city and all county historical agencies.
F3:
The documents stored and maintained in these repositories vary. The most modern and up to date methods are those maintained in a temperature and humidity controlled vault at the Monterey County Historical Society.
F4:
The volumes of records in the vestibule of the office of the Assessor-County Clerk-Recorder, although preserved, may be damaged by public use. These documents are neither temperature nor humidity controlled. Additionally, access to the title transfer records is uncontrolled.
Recomendaciones relacionadas (1)
R3:
Monterey County offices should have all their historical documents stored in humidity and temperature controlled environments. To address the lack of funding to protect these documents the County Clerk should add a small assessment on documents requested to generate revenue. Requests for Responses: Pursuant to Penal Code section 933.05, the Monterey County Civil Grand Jury requests a response to Findings and Recommendations as follows: Monterey County Assessor-County Clerk-Recorder; F 1. - F 9. and R 1. - R3. Monterey County Board of Supervisors; F 1. – F 9. and R 1. - R 3. City of Salinas; F 1. - F 3., F 5. - F 7., and R 1. – R 2. City of Monterey; F 1. - F 3., F 5. - F 7., and R 1. – R 2. Invited Response: Diocese of Monterey; F 1. - F 3., F 5. - F 7., and R 1. – R 2. Monterey County Historical Society; F 1. - F 3., F 5. - F 7., and R 1. – R 2. City Librarian, City of Salinas Steinbeck Library; F 1. - F 3., F 5. - F 7., and R 1. – R 2. 21 22
F5:
Historical documents and photos should be digitized and available to the public on-line, to lessen the amount of handling of documents.
F6:
The historical documents and artifacts of Monterey County are valuable assets to the citizens of California, Monterey County and residents of the cities located within the county. As such they should be protected to ensure proper storage, maintenance, and handling.
F7:
Not all the locations that store and maintain historical documents are staffed by trained archivists.
Recomendaciones relacionadas (1)
R1:
All Cities and agencies within Monterey County should catalog and index all historical documentation they maintain.
F8:
Some entities, i.e. Monterey County Assessor-County Clerk-Recorder, are able to “hire” outside companies to digitize their data. Others rely on the generosity of volunteers.
F9:
Monterey County stores many of the historical documents in a warehouse. These documents are not in humidity or temperature controlled environment. Recommendations:
Recomendaciones relacionadas (2)
R1:
All Cities and agencies within Monterey County should catalog and index all historical documentation they maintain.
R3:
Monterey County offices should have all their historical documents stored in humidity and temperature controlled environments. To address the lack of funding to protect these documents the County Clerk should add a small assessment on documents requested to generate revenue. Requests for Responses: Pursuant to Penal Code section 933.05, the Monterey County Civil Grand Jury requests a response to Findings and Recommendations as follows: Monterey County Assessor-County Clerk-Recorder; F 1. - F 9. and R 1. - R3. Monterey County Board of Supervisors; F 1. – F 9. and R 1. - R 3. City of Salinas; F 1. - F 3., F 5. - F 7., and R 1. – R 2. City of Monterey; F 1. - F 3., F 5. - F 7., and R 1. – R 2. Invited Response: Diocese of Monterey; F 1. - F 3., F 5. - F 7., and R 1. – R 2. Monterey County Historical Society; F 1. - F 3., F 5. - F 7., and R 1. – R 2. City Librarian, City of Salinas Steinbeck Library; F 1. - F 3., F 5. - F 7., and R 1. – R 2. 21 22
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Hallazgos & Recomendaciones
2 hallazgos
F1:
Water rates for residents of the former Fort Ord are higher than those for residents of Marina. However, the rate differential is justified due to the cost of replacement and repair of the existing infrastructure.
Recomendaciones relacionadas (1)
R1:
If the former Fort Ord is annexed into the Marina Coast Water District, it should add additional board members based upon the population and connections in the annexed territory to ensure equal representation on the Marina Coast Water District Board of Directors. Requests for Responses: Pursuant to Penal Code section 933.05, the Monterey County Civil Grand Jury requests a response to all Findings and the Recommendation from Marina Coast Water District Board of Directors. 88
F2:
The MCCGJ examined the possibility that rates might be higher in the former Fort Ord Marina due to water loss caused by leaks in the infrastructure. An independent audit of water loss was conducted from July 2014 to June 2015. That audit determined that the water loss rate to be 2.8%, which is well within acceptable standards. Recommendations:
Hallazgos & Recomendaciones
4 hallazgos
F1:
The Grand Jury determined that the facility is a well-managed facility fulfilling its primary mission. The staff is both courteous and highly knowledgeable of their duties. The Grand Jury felt that nothing was out of bounds to their examination.
F2:
There was no noticeable self-segregation or gang segregation of inmates in the yards as the Jury witnessed at SVSP.
F3:
Although the MCCGJ realizes the difference in the level of inmates between the Salinas Valley State Prison and CTF, the difference in the atmosphere between each prison was palpable. The inmates and the Correctional Officers at the CTF maintained a level of respect between each other. 78
F4:
Even given the age of the facility it was well maintained. The grounds themselves were well landscaped giving one a sense of openness as opposed to confinement. Recommendations: None. Invited Response: The Monterey County Civil Grand Jury invites the Correction Training Facility’s Warden to respond to all Findings. 79 80
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Hallazgos & Recomendaciones
8 hallazgos
F1:
The VoteCal voter registration database is a helpful tool to aid each county elections department. It is impossible to have up-to-date information if the other 49 states do not share vital information regarding changes of address, death’s, etc. The state of California could lead the charge to ask for increased collaboration between the states.
F2:
The Monterey County Civil Grand Jury found no evidence of “rigging” or “hacking” during the 2016 election process. Security measures by the MCED preclude the possibility of such a manipulation of the election results. Given the information determined during the investigation, the MCCGJ finds any assertions that “rigging” or “hacking” could or has occurred, to be unsupported by the facts and, therefore, false.
F3:
The MCCGJ did learn that the DREs, purchased in 1998, are very outdated and expensive to maintain. Replacement parts are almost impossible to locate or non- existent.
F4:
MCED does an excellent job in handling the ballots, securing the equipment and effectively tabulating the ballots. However, voter experiences at polling locations differ. Some have short waits, others much longer. The number of staffers in some 8 locations is adequate and those staff members are well trained and welcoming. In other locations, the wait to vote is much longer.
F5:
MCED is in need of modern electronic voting machines, with up-to-date and secure software, and state of the art ballot tabulation modules.
Recomendaciones relacionadas (1)
R1:
MCED to acquire new voting and tabulating machines.
F6:
The MCED election-day process would benefit from polling place feedback from the voters, clerks, and inspectors. Feedback would improve the voting experience by illuminating issues such as long lines, any inadequately trained polling place staff, parking and accessibility issues.
Recomendaciones relacionadas (1)
R2:
MCED staff initiate polling place surveys or online portal for voters, clerks and inspectors to provide feedback. Request for Responses: Pursuant to Penal Code section 933.05, the Monterey County Civil Grand Jury requests a response to all Findings and all Recommendations from the Monterey County Board of Supervisors. 9 10
F7:
The MCCGJ found all the interviewed employees of the Monterey County Elections Department to be transparent with their answers and very knowledgeable concerning their duties and responsibilities.
F8:
The MCCGJ recognizes the outstanding job performed by the MCED and the valuable service they provide to the voters of our county. Recommendations:
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Hallazgos & Recomendaciones
1 hallazgos
F1:
The MCCGJ found the Director to be extremely knowledgeable about Zika virus and many other mosquito borne illness, such as Avian Flu. His knowledge extends to the best methods of mosquito control using chemicals that do not impact the environment, humans, or animals that reside in that area. Recommendations:
Recomendaciones relacionadas (1)
R1:
The NSVMAD should be funded to continue to monitor North County.
Recomendaciones adicionales
1
No vinculadas a hallazgos específicos.
R2:
Should a necessity be found, the district should be extended to cover all of Monterey County. Responses Requested: None. NSVMAD Service Area 84
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Hallazgos & Recomendaciones
12 hallazgos
F1:
The jail, with approximately 45% of its 900 inmates dealing with mental illness is, by default, serving as a de facto mental health facility.
Recomendaciones relacionadas (2)
R2:
The Board of Supervisors should study the other existing models of integrated mental health facilities within the jail. Examples are: Los Angeles and Santa Clara counties.
R4:
The Monterey County Behavioral Health Agency’s services should be integrated with the jail, rather than contracting out those duties to CFMG. Request for Response: Pursuant to Penal Code section 933.05, the Monterey County Civil Grand Jury requests the following to respond to the Findings and Recommendations as follows:
F2:
Although health and safety standards in the jail are now being addressed to comply with the Hernandez Settlement, the MCCGJ is concerned that the mental health issues are still not adequately addressed.
F3:
The failure of the responsible county agencies, prior to the Hernandez Settlement, to properly address serious problems at the jail, ultimately cost the county $4.8 million: one- half paid by the county and one-half paid by CFMG. This money could have been better spent elsewhere.
F4:
There are no publicly funded mental health facilities in Monterey County except for Natividad Medical Center.
Recomendaciones relacionadas (1)
R1:
The Board of Supervisors should fund the building of a new mental health care facility or study the use of available properties in the county that could be repurposed for mental health facilities. For example: • The soon to be vacant portion of the current jail • The soon to be vacant Youth Center 5 Supervisor Parker, Coast Weekly, April 20, 2017, reference “Phoning it in” 50 • The Stockade on the former Ft. Ord and other vacant or underutilized local buildings
F5:
Natividad Medical Center, with only 22 beds dedicated to mental health, is the only facility in the county that has lock-down capability. This number is woefully short of what is needed to provide barely adequate care for the mentally ill in Monterey County.
Recomendaciones relacionadas (1)
R1:
The Board of Supervisors should fund the building of a new mental health care facility or study the use of available properties in the county that could be repurposed for mental health facilities. For example: • The soon to be vacant portion of the current jail • The soon to be vacant Youth Center 5 Supervisor Parker, Coast Weekly, April 20, 2017, reference “Phoning it in” 50 • The Stockade on the former Ft. Ord and other vacant or underutilized local buildings
F6:
An $80 million addition has been approved for the Monterey County Jail. With the new 586 bed annex, approximately 400 spaces, or 22,610 square feet, will be now vacant at the old jail.
F7:
The planning process for this new construction began over ten years ago. At that time, the emphasis was on overcrowding and not on mental health issues. The MCCGJ has not seen or found revised plans to reflect this change in priorities. 49
F8:
It would appear that Monterey County’s Behavioral Health Agency’s expertise would benefit those needing mental health care in the jail.
Recomendaciones relacionadas (1)
R4:
The Monterey County Behavioral Health Agency’s services should be integrated with the jail, rather than contracting out those duties to CFMG. Request for Response: Pursuant to Penal Code section 933.05, the Monterey County Civil Grand Jury requests the following to respond to the Findings and Recommendations as follows:
F9:
A significant number of state hospitals were closed under the Reagan administration. This severely restricted the access of our county’s inmates to the remaining state mental health facilities. The Monterey County Jail became the de facto mental health facility. Inmates, suffering from mental illness, did and can wait months and even longer before being transferred to a state hospital and receive treatment. This is cruel and inhumane.
Recomendaciones relacionadas (1)
R3:
The Board of Supervisors should continue to provide funding for county agencies to participate in statewide initiatives, which deal with incarcerated patients with mental health issues. Examples are: “Jail Based Restoration of Competency”6 or the “Stepping Up Initiative”.7
F10:
Historically, the responsibility of the jail was the detention of inmates, not to attempt to provide mental health care.
Recomendaciones relacionadas (1)
R2:
The Board of Supervisors should study the other existing models of integrated mental health facilities within the jail. Examples are: Los Angeles and Santa Clara counties.
F11:
There is a great need for a stand-alone mental health facility in our county.
Recomendaciones relacionadas (1)
R1:
The Board of Supervisors should fund the building of a new mental health care facility or study the use of available properties in the county that could be repurposed for mental health facilities. For example: • The soon to be vacant portion of the current jail • The soon to be vacant Youth Center 5 Supervisor Parker, Coast Weekly, April 20, 2017, reference “Phoning it in” 50 • The Stockade on the former Ft. Ord and other vacant or underutilized local buildings
F12:
The County, without plans to address this mental health crisis in our jails, should be prepared for additional class actions cases and significant fines. To quote Supervisor Parker, when asking for a visitation option in the new jail addition: “We need to deal with this now, before it becomes a major community, logistical and budgetary problem.”5 The same comment is true for the County’s need for mental health services. Recommendations:
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Hallazgos & Recomendaciones
12 hallazgos
F1:
The Hernandez Settlement requires an “adequate” number of sworn deputies to supervise the jail. Current staffing of the jail, even with the reassigned deputies from patrol, is barely “adequate” to comply. Both the jail and patrol are understaffed. The number of deputies reassigned from patrol to the jail has left patrol in a state of crisis.
F2:
The Sheriff’s Department does not have an adequate number of authorizations to meet the demand for the jail and patrol, and for the additional personnel necessary to cover absences for vacations, sickness, disability, family leave or personal matters. Additional staffing required to cover just these absences is estimated to be 25, or roughly 10% of the total current authorizations. 62
Recomendaciones relacionadas (1)
R1:
The Board of Supervisors should budget for additional authorizations for Sheriff deputies, alleviating the massive amount of overtime.
F3:
A reduction in the MCSO’s budget would mean a reduced number of deputies. This would result in: • The County would be at odds with complying with the Hernandez Settlement, which could mean fines and further litigation • A continued severe lack of adequate patrol coverage in our county • This will continue to cost our county millions of dollars in overtime
Recomendaciones relacionadas (1)
R1:
The Board of Supervisors should budget for additional authorizations for Sheriff deputies, alleviating the massive amount of overtime.
F4:
According to the mission statement of the MCSO, “to safeguard the lives and property of the people within our county”, our county’s citizens have the right to protection under the law.
F5:
The proposed budget reductions, which reduce the authorizations for deputy staffing, will have a negative effect on the MCSO’s ability to provide protection to our county’s citizens.
F6:
Monterey County spent over $6 million in overtime between March 24, 2016 and March 23, 2017. This amount could have funded in excess of 40 additional deputy authorizations. With an annual salary plus benefits of roughly $125,000 per person, the County could hire 40 deputies, and still have another million left over to cover the unavoidable overtime. Some overtime is unavoidable, but a significant reduction could reasonably be expected.
Recomendaciones relacionadas (1)
R1:
The Board of Supervisors should budget for additional authorizations for Sheriff deputies, alleviating the massive amount of overtime.
F7:
The MCCGJ believes that the MCSO should recognize that the tasks performed by deputies in the jail are significantly different from those performed by deputies on patrol. Each is performed in an unique environment and under very different conditions. To consider the patrol and jail duties as interchangeable has some advantages to management in terms of flexibility of assignments, but this policy has costs in terms of hiring and retaining deputies, as well as on their morale. 63
Recomendaciones relacionadas (2)
R2:
The Board of Supervisors should fund an outside personnel consulting firm to conduct a 64 job analysis for the two assignments: jail and patrol. This analysis should include, as in the following, but not limited to: • The tasks each job requires • The conditions under which they are done • The standards which they must achieve
R3:
The Sheriff’s Department should hire directly for patrol or for the jail. There should be distinct promotional paths for both divisions.
F8:
Having these two separate job classifications would have a positive impact on recruiting, retention, advancement and morale.
Recomendaciones relacionadas (1)
R3:
The Sheriff’s Department should hire directly for patrol or for the jail. There should be distinct promotional paths for both divisions.
F9:
There are duties in the jail that could be performed by CSS and Corrections Officers, which would allow the Sheriff’s deputies, to return to patrol.
Recomendaciones relacionadas (3)
R4:
The Board of Supervisors should investigate the use of corrections officers, where appropriate. These officers, in conjunction with the additional authorizations for deputies, will cover the shortfall of deputies in the jail.
R5:
A job description, and an approved pay scale, should be adopted for corrections officers, whose training, qualifications and job assignments would differ from those of a deputy.
R6:
A staffing implementation plan should be adopted that will, over time, eliminate the use of a deputy to fill a job that could be performed by a more modestly compensated and less highly trained correctional officer. Responses Requested: Pursuant to Penal Code section 933.05, the Monterey County Civil Grand Jury requests the following respond to the Findings and Recommendations as follows: Monterey County Board of Supervisors – All Findings and all Recommendations Monterey County Sheriff’s Office – All Findings and all Recommendations 65 66
F10:
Many local cities and counties are vying for the same candidates upon graduation from the academy. Some of these same cities/counties offer signing bonuses in excess of $17,000. Monterey County pays for candidates to attend an academy. Upon completion of an Academy, the candidate may opt to work for the County, if an authorization is vacant. If not, the candidate will apply elsewhere, and our County is out the salary paid while in the academy, and the tuition. Compounding the hiring issue is the fact that these graduates, upon signing on with our county, are relegated to the jail for two years or longer, until a transfer to patrol is available. They would go straight to patrol at other locales. Our policy of assigning academy graduates directly to the jail, prior to patrol, is a deterrent to recruitment.
F11:
MCSO is working diligently to fill all the current authorizations. However, even after those authorizations are filled, there will remain an insufficient number of Sheriff’s deputies to meet the needs of both the jail and patrol.
F12:
Reducing the number of authorizations for deputies is a self-defeating proposition. To do so will continue to waste our tax dollars on unnecessary overtime. Recommendations: