Napa County Grand Jury
2008-2009
Findings & Recommendations
22 findings
F1:
Because of the incomplete analysis of the Library Collection, the needs of the community may not be met, especially the non-English community
Related Recommendations (1)
R1:
A review of the Library Collection be given a high priority and in-depth analysis to identify areas which need improvement, expansion, and to ensure that the Collection is meeting the needs of the entire community. In addition, Library Management implements an annual Library customer survey and develops questions, which enable qualitative and quantitative assessment of the Library Services. Survey may be set-up through the Internet 19
F2:
The Napa City-County Library Organizational chart is outdated
Related Recommendations (1)
R2:
The Library Director create a new organization chart that depicts the reporting structure of all employees
F3:
Twenty-nine percent of the Library Job Classifications are outdated
Related Recommendations (1)
R3:
Library Management review and update the Library Job Classifications
F4:
There are no position descriptions to properly perform employee evaluations
Related Recommendations (1)
R4:
Library Management create position descriptions to effectively complete employee evaluations
F5:
There is no staff-training manual
Related Recommendations (1)
R5:
Library Management create a training manual for new and existing employees
F6:
There are no formal minutes recorded for the staff meetings
F7:
One hundred percent of the 2007 Employee evaluations are untimely and do not adhere to Human Resource Personnel Rules and Regulations “Evaluations for 18 permanent employees shall be completed annually at least two (2) weeks prior to the employee’s anniversary date
Related Recommendations (1)
R6:
Library Management adhere to regulations for completion of evaluations. Also, Library Director track annual evaluations showing employee name, hire date, date of evaluation and number of days to complete evaluation from hire date. Submit report to CEO
F8:
There was a high turnover of Library staff during 2006-08 ranging from a low of 15 percent to a high of 31 percent for permanent employees, and ranging from a low of 20 percent to a high of 46 percent for Extra Help employees
Related Recommendations (1)
R14:
An annual Library employee satisfaction survey and turnover survey be conducted and the results of this survey be provided to County Administration
F9:
Library staff morale declined and productivity decreased over the last few years
Related Recommendations (1)
R14:
An annual Library employee satisfaction survey and turnover survey be conducted and the results of this survey be provided to County Administration
F10:
The Master Plan is not being addressed
Related Recommendations (1)
R7:
The status of the 2007 Master Plan be addressed with the Library Commission and CEO with an action plan submitted as to what recommendations will be implemented including time frames and what recommendations will be postponed with the reason for postponement
F11:
The interior of the Calistoga Library is not well maintained and is in need of repair. There is chipped, dirty paint in the public area, plaster flaking in the staff and storage areas, worn-out carpets, poor storage area shelving, and cramped offices
Related Recommendations (1)
R8:
The Calistoga Library be scheduled for renovation in 2009. This renovation to include painting, repairing of the office and storage area and installing appropriate shelving and new carpet in the public area
F12:
The storage of book boxes on the Calistoga Library stage creates a public safety hazard
Related Recommendations (1)
R9:
Boxes piled high on the stage of the Calistoga Library be removed immediately and acceptable alternative storage areas found
F13:
Unrestricted smoking on the terrace of the Napa Main Library may adversely impact visitors and children on the adjacent main entrance sidewalk
Related Recommendations (1)
R10:
Smoking on the terrace of the Napa Main Library adjacent to the main entrance sidewalk be restricted
F14:
The Library Commission members were not properly trained for their 3-year term, resulting in a lack of knowledge and understanding of how the Library operation is directly tied to Library policies. No training manual and no formal orientation exist for the Library Commission members
Related Recommendations (1)
R11:
The Library Commission members have an in-depth training program to include instruction in Library policies, operations, and By-laws as their responsibility is to the Community and to ensure the Library meets its goals. Also, as part of the in- depth training program, a Commissioner’s Handbook be developed which includes at a minimum the following: Library Commission By-laws, ALA Policies, Collection Development Policies, Mission and Value Policies, budget, statistics, long range plan, annual report, require CALTAC Training for all commissioners, attendance at library commission statewide library activity each year
F15:
The Library Commission failed to exercise its duties and deferred its power and authority to the Library Director. The By-laws calling for the Library Director to submit quarterly/annual report to the Library Commission are not followed. The Commission’s stated goal of “effectiveness to ensure that the needs of all segments of our community are assessed and considered” was not achieved
Related Recommendations (1)
R12:
The Library Director submit quarterly reports to the Library Commission, as required by the Library Commission By-laws, and jointly develop an annual report that is informative and beneficial to the Commission, BOS, and CEO
F16:
Library Commission By-laws and Long Range Policy are outdated
Related Recommendations (1)
R13:
Library Commission By-laws and Long Range Policy be updated to meet the needs of the community
F17:
Exit interviews are not conducted for Extra Personnel. The exit interview form is inadequate
Related Recommendations (1)
R15:
Exit interviews for all permanent and Extra Help employees be conducted. Also, exit interview questionnaire be updated to achieve the maximum benefit from the exit interview. Finally, provide an annual summary of the results to the CEO and the Library Director
F18:
Monitoring of Library morale and turnover by means of an annual employee satisfaction survey was not conducted
F19:
Training of Library management for performance evaluations is inadequate
F20:
The oversight of the Library Department is inadequate
Related Recommendations (1)
R16:
The administrative time commitment for the Library be increased
F21:
The Library Department Summary’s performance indicators used to monitor operations are inadequate
Related Recommendations (1)
R17:
The County Administration in conjunction with Library Director develop performance indicators enabling the Napa City-County Library to measure its performance, in total or part, with other “similar” Libraries in California and the Bay Area with the goal of improving its performance. Also, ensure the Library 20 Director submits operation statistics with evaluation criteria to provide a better picture of the Library System
F22:
The Budget does not have a cost accounting system for Library Branches
Related Recommendations (1)
R18:
Cost accounting for the Library branches be implemented COMMENDATION The 2008-2009 Grand Jury commends the new Library Director, Library Management, and Library staff for their dedication and for working together to aggressively move the Napa City-County Library system in a new and positive direction. REQUEST FOR RESPONSES The 2008-2009 Grand Jury request responses from:
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Additional Recommendations
4
Not linked to specific findings.
R1:
Establishment of a new County-wide multijurisdictional gang task force with a full- time coordinator, strike team and representatives from local law enforcement jurisdictions, prevention, intervention agencies, school administrations and the community. Response: The Calistoga Police Department is committed to working with other agencies to address Napa Valley Gangs. Current cooperation includes the Gang Violence Suppression Grant group, the Gang Task Force, and School/Law meetings. The implementation of a coordinated multijurisdictional effort would be another step towards gang and violence reduction and would be supported by the Calistoga Police Department.
R2:
Implement a county-wide gang database and tracking system accessible by all law enforcement agencies and school officials. Received Napa Superior Court AUG 2 1 2009 Court Executive Office 2008/2009 Grand Jury Response - Napa Valley Gangs August 18, 2009 Response: There currently exists a comprehensive law enforcement database for identifying and tracking known gang members called Cal-Gang. Cal-Gang is a DOJ database service that each law enforcement agency can access to search and input individuals. It is a web based program that can be used no matter what local records program an agency is running. Any data entered into Cal-Gang must meet DOJ standards so the users of the program know the data is reliable. Currently, confidentiality of records and juvenile offender information prohibits sharing offender or suspect information with non-law enforcement agencies. Prior to the sharing of any law enforcement data, an approved confidentiality agreement would have to be executed.
R6:
Consider a County-wide curfew for those under the age of eighteen as a law enforcement tool. Response: The use of curfew as a tool to combat gang activity is problematic in Calistoga. Calistoga has a curfew ordinance on the books and the department has enforced that order as necessary. Since a curfew violation is a status offense, a juvenile in violation of the curfew is not arrested for the offense but must be detained until a parent or other responsible adult can pick them up. This detention of a juvenile requires an appropriate place and personnel to monitor the juvenile. The detention center should be proactive instead of punitive, offering personnel the opportunity to counsel the juvenile. Calistoga does not currently have such a facility in place or the immediate means to do so.
R7:
Consider the use of injunctions as a law enforcement tool against gang members. Response: The City of Calistoga has no specific area targeted as a headquarters or even hang-out for a specific gang. It would not be productive to use and injunction in these circumstances. Sincerely, than Mills √onathan Mills Chief of Police Grand Jury File CC:
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Additional Recommendations
4
Not linked to specific findings.
R1:
Establishment of a new County-wide multijurisdictional gang task force with a fulltime coordinator, strike team and representatives from local and regional law enforcement jurisdictions, prevention, intervention agencies, school administrations and the community. Response #1 The recommendation requires further analysis. The County of Napa in conjunction with the City of Napa and the City of American Canyon has retained the services of two expert gang consultants, Scott Decker and Charles Katz, to assist the county in developing a Gang and Youth Violence Master Plan. Currently an Executive Committee including the Sheriff, Napa City Chief of Police, American Canyon Police Chief, District Attorney, Chief Probation Officer and representatives from the American Canyon City Council, Napa City Council and Napa County Board of Supervisors are overseeing the development of this plan. The master planning process will include representatives from the local and regional law enforcement jurisdictions, prevention and intervention agencies, school administrations and the larger community. The plan is in the early stages of research and development and it is unclear at this time what the outcome will be as far as whether or not a centralized task force is created and if created, how the task force is structured. Additionally, given the current financial climate in the County and the State of California, there may not be adequate funding available to implement any or all of Gang and Youth Violence Master Plan. Conversations regarding funding responsibilities have not yet occurred between the County, cities and school districts within Napa County and outside funding sources have not been identified or pursued. The recommendation and the 2009 Grand Jury Report on Napa Valley Gangs will be reviewed and considered as part of this process. The Executive Committee expects to have the Youth and Gang Violence Master Plan complete by January 2010.
R2:
Implementation of county-wide gang database and tracking system accessible by all law enforcement agencies and school officials. Response #2 The recommendation will not be implemented because it is not reasonable. Law enforcement agencies in Napa County and throughout the State currently use a county-wide gang database and tracking system called CalGang. The CalGang system is a State of California funded, Local Law Enforcement maintained and controlled Criminal Intelligence System that targets specifically members and criminal associates of criminal street gangs. The CalGang system operates pursuant to the United States Code of Federal Regulations, title 28, section 23 (28CFR23), ad seq. as a Criminal Intelligence System. By law, the release of Criminal Intelligence Information is limited to law enforcement personnel for legitimate law enforcement purposes only, and cannot be accessed by school officials.
R6:
Consideration of County-wide curfew for those under the age of eighteen as a law enforcement tool. Response #6 The recommendation will not be implemented because it is not reasonable. A County-wide curfew may or may not have an effect on juvenile gang activity in Napa County. Many other cities and counties in California have implemented curfew ordinances with little statistical evidence showing them to be successful. Per the California Criminal Justice Statistic Center, curfew laws are statistically shown to be ineffective. Curfew law violations are easy to dispute which results in court overtime costs for personnel. Enforcement of curfew laws may also interfere with the response to higher priority calls, thus putting public safety at risk. We are hopeful that the Gang and Youth Violence Master Plan will assist us in developing gang enforcement evidence based strategies that have proven to be successful.
R7:
Consideration of the use of injunctions as a law enforcement tool against gang members. Response #7 The recommendation will not be implemented because it is not reasonable. Civil injunctions against gangs have been successful in curbing gang related activity in other California counties. These injunctions are basically restraining orders against a group. Each member of the group has to be named in the court order. They are effective in areas where the gang homicides are almost a daily occurrence and the gangs have "taken over" a block or neighborhood. Fortunately, gangs have not "taken over" in Napa County. The use of civil injunctions in areas where gang violence is not so extreme historically results in claims of civil rights violations and Federal lawsuits. Civil injunctions against gangs are not an appropriate tool for Napa County to use at this time. Respectfully,
Findings & Recommendations
7 findings
F1:
The HMESD is a Basic Aid district, thereby receiving money generated from the Angwin property tax base.
Related Recommendations (1)
R1:
HMESD closely monitor and maintain reserve accounts as a hedge in the current economic downturn.
F2:
In 2000, the HMESD declared bankruptcy.
Related Recommendations (1)
R2:
Plans be made to accommodate an increase in student population in anticipation of the development of the Eco-Village community.
F3:
HMESD now operates in the black with a sizeable special reserve fund of $635,463.13 and a General Fund reserve of $319,097. The reserve acts as a hedge in the event of a reduction in property tax revenue.
Related Recommendations (1)
R3:
A safe walkway be established between the HMES and the Angwin Teen Center
F4:
A recent and total renovation of the school campus has allowed for moderate student growth. However, a planned community development, the Eco-Village, if approved, will substantially impact the District, necessitating additional teachers/staff and classroom space and possibly a new campus.
Related Recommendations (1)
R4:
The Napa County Sheriff’s Department improve response time to situations involving the safety of the student population in emergency situations. 14
F5:
There is no safe pathway between the HMES and the Angwin Teen Center which is utilized for after-school activities.
Related Recommendations (1)
R5:
HMESD continue to present the D.A.R.E. program and develop a consistent drug education program to be incorporated into the curriculum each school year. COMMENDATION The 2008-2009 Grand Jury commends the HMESD for the resolution of their financial crisis and for establishing sufficient reserves to insure that the District is able to maintain financial stability. It also commends the District for providing a new and up-to-date campus which is utilized by students and the Angwin community as well. In addition, the teachers, staff, HMEF and local community are to be commended for their support of the HMESD. REQUEST FOR RESPONSES The 2008-2009 Grand Jury requests responses the following responses:
F6:
Response time by the Napa County Sheriff’s Department to HMES is between fifteen minutes and two hours.
F7:
The D.A.R.E. program is taught by a retired teacher/policeman on an alternate- year basis .
Findings & Recommendations
10 findings
F1:
At least one long-time NHS instructor failed to comply with NVUSD BP 5121 and AR1321 regarding the prohibition against the assignment of grades for fundraising activities.
Related Recommendations (1)
R1:
The NVUSD and SHUSD institute periodic briefings to teachers/instructors regarding the prohibition against the assignment of grades for fundraising activities.
F2:
The GAMUTTM system BBs, BPs, and ARs for both the NVUSD and SHUSD may be accessed by the general public through their respective Internet web sites.
F3:
District specific ASB Manuals do not exist in either the SHUSD or NVUSD.
Related Recommendations (1)
R2:
SHUSD and NVUSD develop district specific ASB Manuals.
F4:
Internal controls for the relationship between school-connected organization and the District required by SHUSD BP 1230 and California Education Code 35010(b) do not exist.
Related Recommendations (1)
R3:
SHUSD establish detailed written internal controls for the relationship between school- connected organization and the District as required by SHUSD BP 1230 and an audit program to monitor compliance be established.
F5:
SHUSD BP 1321 regarding advance permission for fundraising by PTA/Parent Clubs and Booster Clubs is not enforced.
Related Recommendations (1)
R4:
SHUSD BP 1321 regarding advance permission for fundraising by PTA/Parent Clubs and Booster Clubs be enforced and an audit program to monitor compliance be established.
F6:
The SHUSD BP 3290 regarding assignment of all gifts to the District is not enforced.
Related Recommendations (1)
R5:
SHUSD BP 3290 regarding assignment of gifts to the District be reviewed and updated as necessary to reflect the wishes of the District and that when this review/update has been completed the resultant policy be enforced.
F7:
NVUSD personnel were generally unaware of NVUSD BP 1230, BP 1321, and AR 1321 policies regarding fundraising by PTA/Parent Clubs and Booster Clubs when the Grand Jury began its investigation.
Related Recommendations (2)
R6:
NVUSD teachers, instructors and administrative personnel who are involved at any level with fundraising by PTA/Parent Clubs and Booster Clubs receive continuing instruction on the requirements of NVUSD BP 1230, BP 1321, and AR 1321.
R7:
The NVUSD institute periodic audits of schools for compliance with BP 1230, BP 1321, and AR 1321 record keeping.
F8:
NHS implemented an ongoing strategy for the collection and filing of PTA/Parent Clubs and Booster Club financial information during the Grand Jury’s investigation.
F9:
Both SHUSD and NVUSD have committed to promulgating fundraising policy information to the appropriate fundraising groups as well as parents/guardians.
F10:
Parents and supporters of the SHUSD and NVUSD contributed their time, effort, and money to supplement the funds available for school programs
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Findings & Recommendations
11 findings
F1:
Basic Aid District a. PVUESD is classified as a “Basic Aid District” thereby receiving money generated from local property taxes. b. property tax revenue accounts for approximately 73 percent of revenue of the District. c. District expense has consistently increased over the past few years.
Related Recommendations (1)
R2:
PVUESD continue to build reserves to cover the narrowing gap between decreasing revenue and increasing expenses. 14
F2:
Property tax revenue increases are likely to subside over the next few years.
Related Recommendations (2)
R1:
PVUESD develop a long-term financial plan to cover a budgetary shortfall in the event that property tax revenue begins to subside over the next few years.
R2:
PVUESD continue to build reserves to cover the narrowing gap between decreasing revenue and increasing expenses. 14
F3:
The District has a healthy financial reserve of $352,019, which is substantially higher than the State recommended level of $53,000.
F4:
The District believes it will be able to meet its financial obligations over the remainder of the 2008-09 fiscal year and the two subsequent fiscal years.
F5:
The current bus barn will not accommodate the larger, new “green” buses.
F6:
There is no multi-purpose room with a capacity to handle the entire student population or function as an indoor area for rainy or very hot day activities or indoor eating area/cafeteria/kitchen.
Related Recommendations (1)
R3:
PVUESD investigate a way to procure funding for a much needed a multi-purpose room to be used for kitchen/cafeteria; rainy or hot day physical education; art and after-school activities; and an area that can be used by the community during off- school hours.
F7:
There are no “Columbine” type locks installed on any of the classroom doors on the campus.
Related Recommendations (1)
R4:
PVUESD install “Columbine” type locks on all classrooms immediately. COMMENDATION The PVUSD Board is commended for providing each student, grades 5th through 8th, with a laptop in order to facilitate differentiated learning. The teachers are commended for their dedication and professionalism. The District is also commended for purchasing an environmentally friendly school bus fleet. The SSC and the PVSPG are commended for providing funding for many “extras” for the students including the annual field trip to Yosemite for 6th through 8th grade students, and after school programs in sports and the arts. REQUEST FOR RESPONSES The 2008-2009 Napa County Grand Jury requests the following responses:
F8:
The water system is old and many of the parts are non-replaceable.
F9:
Napa County Schools do not have access to regular visits from a school nurse.
F10:
PVUESD students are not provided annual substance abuse and drug education.
F11:
PVUESD participates with HMESD, through a Memorandum of Understanding, in a special education program for both Districts and they share a part-time aide.
Findings & Recommendations
20 findings
F1:
The Adult Probation Department is incorporating Evidence Based Practices in dealing with persons placed on Probation in an effort to reduce recidivism.
F2:
Probationers are rated by a Probation Officer in the Court Unit using an Evidence Based Assessment tool to assess the likelihood of re-offending. The probationers are placed in risk groups designated as very low, low, medium, high and very high.
F3:
The re-offending rating, which is not necessarily correlated to the seriousness of the offense committed, is included in the pre-sentencing report prepared for the Court by the Court Unit of the Probation Department.
F4:
The degree of supervision by the Supervision Unit of the Adult Probation Department is a function of the re-offending rating. 14
F5:
Probationers are placed into groups based on the type of offense committed and their offending rating. Each group is covered by one or more Probation Officers.
F6:
There are insufficient rehabilitation programs available to the Probation Officers for use with probationers. Of those rehabilitation programs that are available, few are Evidenced Based Programs.
Related Recommendations (1)
R2:
Adult Probation Department identify and increase the number of Evidence Based Programs, either “in house” or by outside contractors, to be used by the Probation Officers to assist probationers to achieve cognitive changes so as to reduce recidivism.
F7:
The number of programs available for the mentally ill probationer is inadequate.
F8:
Upon completion of probation, the Adult Probation Department does not inform the probationer of California Penal Code Section 1203.4 concerning the possible dismissal of the probationer's case.
Related Recommendations (1)
R7:
The Adult Probation Department’s letter to the probationer informing them probation has been completed include a recital of California Penal Code Section 1203.4 concerning the possible dismissal of the probationer’s case. COMMENDATION The Board of Supervisors and the Probation Department are commended for: • Instituting Evidenced Based Practices within the Adult Probation Department with the goal of reducing recidivism • Modeling a Mental Health Court • Creating a Community Correction Service Center, staffed by trained non-county personnel, to establish and implement Evidence Based Programs for probationers to reduce recidivism The Adult Probation Department is commended for the high degree of dedication shown by the Probation Officers, as they serve in dual roles of peace officer and social worker. REQUEST FOR RESPONSES The Napa County Board of Supervisors is requested to respond to Recommendations 1-5. The Napa County Probation Department is requested to respond to all recommendations. The Napa County District Attorney is requested to respond to Recommendation 6. GLOSSARY DUI Driving Under the Influence LS/CMI Level of Service/ Case Management Inventory 17
F9:
Probation Officers, who are not armed except for pepper spray and handcuffs, can be exposed to potential harm when they perform unannounced search of a probationer’s home and to a lesser degree to a “Knock and Talk” visit to a probationer’s listed home address.
F10:
The placement of furniture in a Probationer Officer’s office or cubicle could be a safety hazard if a probationer becomes violent.
Related Recommendations (1)
R3:
The security within the Adult Probation Department, inclusive of creating a secure holding area for holding arrested probationers awaiting transport to the Jail Booking Department, be increased.
F11:
The alarm system is slow to provide assistance to the Probation Officer who activates the alarm.
Related Recommendations (1)
R3:
The security within the Adult Probation Department, inclusive of creating a secure holding area for holding arrested probationers awaiting transport to the Jail Booking Department, be increased.
F12:
There is no secure holding area in the Adult Probation Department for holding probations awaiting transfer for the Adult Probation Department to the Booking Department of the County Jail.
Related Recommendations (1)
R3:
The security within the Adult Probation Department, inclusive of creating a secure holding area for holding arrested probationers awaiting transport to the Jail Booking Department, be increased.
F13:
The procedure for a Probation Officer to “wand” probationers outside the Adult Probation Department’s office does not include a protocol when weapons are detected on the probationer.
F14:
The entrance to the Hall of Justice is not monitored and therefore is not secure.
Related Recommendations (1)
R3:
The security within the Adult Probation Department, inclusive of creating a secure holding area for holding arrested probationers awaiting transport to the Jail Booking Department, be increased.
F15:
The relatively high turnover of Probation Officers is due to the lack of upward mobility within the Department and the attractiveness of “safety officers” status with the additional pension and retirement medical benefits offered to Probation Officers by neighboring counties.
Related Recommendations (1)
R4:
The lack of opportunities for upward mobility within the Probation Department be addressed to reduce turnover.
F16:
Probation Officers are dedicated to their tasks as they serve a dual role of a peace officer and a social worker.
F17:
The Adult Probation Department is modeling a Mental Health Court.
Related Recommendations (1)
R1:
Napa County continue to fund a Mental Health Court.
F18:
The Adult Probation Department has been determined to be the appropriate authority to implement and manage the Community Corrections Service Center, staffed by trained non-county personnel to establish and implement Evidence Based Programs to reduce recidivism by probationers.
F19:
There is a “disconnect” between the Probation Officers and the Deputy District Attorneys on the issue of victim impact. Pre-sentencing reports produced by Probation Officers are not valued by the Deputy District Attorneys as providing sufficient victim impact information to the Court. The Probation Officer does not acquire victim impact information from the District Attorney’s office for use in the pre-sentencing report. The District Attorney’s Office has no protocol for making victim impact information available to the Probation Officer for use in the pre-sentencing report.
Related Recommendations (1)
R6:
A protocol be established between the District Attorney’s Office and the Court Unit of the Adult Probation Department for providing District Attorney’s victim impact data to the Probation Officer for use in a pre-sentencing report while maintaining the independence of investigations done separately by the two offices.
F20:
The Adult Probation Department has indicated a desire to add three new Probation Officers and one new Training Officer so as to equalize the case load on the existing probation officers. 15
Related Recommendations (1)
R5:
The Adult Probation Staff be expanded by three Probation Officers and one Training Officer.
Findings & Recommendations
9 findings
F1:
records and the underreporting of gross receipts by the operators. This is likely to be the case. However, the findings do not indicate that they made this determination in the case of the City of St. Helena. Not every local governmental agency provides adequate information to a
Related Recommendations (1)
R1:
Local governmental agencies provide an operator with a copy of the local ordinance/municipal code and all forms needed to file and remit TOT. The City agrees with this recommendation. The City already takes this action, however documentation that the information is provided could be tightened and improved upon. Audit reviews show regular compliance with and use of the City provided forms. This implementation has previously been recommended but the City will send out additional copies of the applicable ordinance, various forms, and a copy of the Grand Jury report by July 31, 2009 to all properties.
F2:
new operator. The City records show that all operators provided timely submittals on the City provided forms back to the City. The City has had the same operators due to a cap placed on the number of rooms as stated in the report. The City is able to provide personal training for new operators when needed. The Finance Director and staff make regular contact with the operators to ensure compliance. City of St. Helena • 1480 Main Street, St. Helena, CA 94574 Phone: (707) 967-2792 • Fax: (707) 963-7748 • Website: www.ci.st-helena.ca.uReceived Napa Superior Court OCT 2 7 2009 Court Executive Office There is a lack of communication between the Finance Department and
Related Recommendations (1)
R2:
Licensing departments alert local Finance Departments when issuing new licenses to TOT applicants indicating number of rooms for transient occupancy. The City disagrees with this recommendation. For clarification purposes though, this recommendation does not appear germane to the City of St. Helena. The City Finance Department issues the business licenses, issues and processes the initial registration of TOT paperwork, manages the monthly reporting and accounting for the receipt of collection of TOT payments, and coordinates the management of the TOT audit process. There is no other licensing department involved in the issue of license or permits related to TOT other than the Finance Department.
F3:
the licensing departments of the local governmental agencies. We believe this may be an oversight on the part of the Grand Jury to include St. Helena in this reference as the Finance Department. The licensing department in St. Helena are one and the same. The City does not have a separate Business licensing function. Provisions in the municipal codes/ordinances for interest and penalties are
Related Recommendations (1)
R3:
Local governmental agencies follow the municipal code/local ordinance in assessing penalties and interest. The City agrees with this recommendation, but with the understanding and recognition that it is appropriate that the process include a review and appeal process. The goal of the City is to collect the appropriate TOT revenue in the first place and not to generate additional revenue through what is often called bureaucratic use of penalties and interest. The City of St. Helena believes there needs to be reasonable flexibility as outlined in the municipal code to determine when to assess and collect penalties and interest. A property who submits their collection one day late with a good payment history is a very different situation from a property which is thirty days late in payment. This recommendation will be implemented subject to the understanding that a review and appeal process is appropriate and it may be appropriate to not always assess maximum penalty provisions.
F4:
not being executed. The City respectfully disagrees. The procedures allow for flexibility on the final determination of applicable penalties and interest. The City believes this is appropriate as there may be mitigating circumstances. If the Grand Jury is recommending that there be no discretion in the administration of penalties and interest and that full penalties and fines be levied for any violation at all, that would be a separate issue. Audits provided by the Cities and the County of Napa show past due TOT
Related Recommendations (1)
R4:
Tax administrator to notify Council or BOS of all past TOT, interest and penalties considered for waiver. City does not disagree with this recommendation. The City notes that the Finance Director currently provides accounting reports on TOT collections which are provided to the City Council. Consideration of waiver of fee's or interest can be included in such reports. This recommendation has already been implemented and will continue to be implemented by the City as is noted by above comments.
F6:
has not been collected from 2005 to the present. We believe this may be an oversight on the part of the Grand Jury to include St. Helena in this reference. All establishments are current on their TOT payments.
Related Recommendations (1)
R6:
Local governmental agencies expand the municipal code to include the cost of auditing if the operator does not have adequate records. City agrees with this recommendation. A provision will be added to the ordinance section3.28 to include the cost of auditing if the operator does not have adequate records.
F7:
Internal audits or contingency audits should be conducted with regularity. We believe this may be an oversight on the part of the Grand Jury to include St. Helena in this reference. The City Finance staff audits records on a monthly, quarterly and annual basis. The City also has an out side auditor conduct a financial audit annually. Most local government agencies do not have an adequate record of how
Related Recommendations (1)
R7:
Internal audits or contingency audits should be conducted with regularity. City agrees with this recommendation. The City Finance staff audits records on a monthly, quarterly, and annual basis. The City also has an out side auditor conduct a financial audit annually.
F8:
many rooms are available for transient occupancy. As this finding says "most", we are not sure if this is meant to include St. Helena. If this finding is meant to be applied to the City of St. Helena the City respectfully disagrees. The City completes monthly reporting which includes the total rooms and room nights on our reporting forms. Due to a cap on Hotel rooms placed by Council the City knows precisely how many rooms there are. Currently there are 260 rooms in St. Helena. The Cities and County do not conduct audits with any degree of frequency
Related Recommendations (1)
R8:
Enforce the provision in the municipal code assessing the cost of auditing to an operator who does not have adequate records. The City agrees with this recommendation. Once the ordinance is updated to include this provision the City will pass on costs of the audit only to those who do not maintain adequate records.
F9:
or regularity. The City last conducted an audit in 2003 at a cost of $8,400. The Audit results were summarized in a single quote in the report: "Moreover, in reviewing the returns for the past three years, we found not a single instance of mis-computation that had gone undetected, which is truly remarkable." All establishments were assessed as "fair" to "superlative" in their record keeping. A minor deficiency related to the exemption from taxation due to a single bookkeeping error resulted in less than $700 in additional taxes. With the results of the previous audit, the City respectfully disagrees that revenues have been lost. The City does agree that TOT audits are due and will insure that more regular audits are performed in the future.
Related Recommendations (1)
R9:
Each local government improve its oversight and enforcement of the TOT. The City neither agrees nor disagrees with this recommendation. The City agrees with what we believe to be the Grand Jury's recommendation that TOT management should be a high priority and focus. This is the case in St. Helena as TOT revenue is a significant General Fund revenue source. The City notes that we actively look for and prosecute violators of non licensed establishments. The City welcomes additional comments or recommendations on how it can improve. This recommendation has been implemented. The Interim City Manager/Finance Director has reviewed the Grand Jury results and recommendations and will continue to proactively manage and enforce the TOT provisions. These comments are respectfully submitted for the City of St. Helena, as approved by the St. Helena City Council at their regular meeting of July 28, 2009. Please contact me if the Grand Jury has any questions or needs additional information from the City of St. Helena. Thank you for the opportunity to comment upon your report. Scoll- Karen Scalabrini Interim City Manager
F10:
Potential revenue from uncollected TOT, interest, and penalties in the millions of dollars is being lost throughout the county. The City does not know enough about the information obtained by the Grand Jury to agree or disagree with this finding. In the case of the City we know that the uncollected TOT averages less than one percent (1%) based on the last audits completed. The City response to the Grand Jury recommendations is as follows:
Additional Recommendations
3
Not linked to specific findings.
R2:
The Grand Jury recommends that the Pope Valley Board of Trustees continue to build reserves to cover the narrowing gap between decreasing revenue and increasing expenses. Response 2: The Board of Trustees will consider ways to continue to build our reserves, while continuing to provide the materials and supplies necessary for an up-to-date education for our students.
R3:
The Grand Jury recommends that the Pope Valley Board of Trustees investigate a way to procure funding for a much needed multi-purpose room to be used for kitchen/cafeteria; rainy or hot day physical education; art and after-school activities; and an area that can be used by the community during off-school hours. Response 3: The Pope Valley Board of Trustees plans to hold a Board Retreat this summer to work on long-term strategic planning for the district. One of the agenda items will be ways to procure funding for a multi-purpose room. Received Napa Superior Court JUL - 8 2009 Court Executive Office
R4:
Pope Valley Union Elementary School District install "Columbine" type locks on all classrooms immediately. Response 4: We hope to bring quotations, from companies who could install "Columbine" locks, to the June Board of Trustees meeting, and will have the installation done over the summer vacation, in preparation for the 2009-2010 school year. Christopher Thompson Signature School Board President: Signature: Paul Kimsey Vice President: Signature: School Board Member: Mike Damonte Haaa~ Signature: School Board Member: Susan Hagar
Findings & Recommendations
15 findings
F3:
One of the thirteen lawyers carried on the staff of the County Counsel serves as an executive administrator for another County agency. Response, County Counsel. County Counsel disagrees with this finding since no member of the staff of the County Counsel serves as an executive administrator for another County agency.
F4:
Within the County Counsel's Office there is concern that a comprehensive list of primary and secondary lawyer assignments is not kept current. Response, County Counsel. County Counsel agrees with the finding although due to the small size of the office and constant interaction between the various attorneys this is not viewed by County Counsel as a significant problem. Typically updates occur every other year, or when new attorneys join the office. To address the concern updates will occur more frequently. See response to Recommendation #3.
Related Recommendations (1)
R3:
A procedure be established to maintain an up-to-date listing of primary and secondary lawyer assignments. Response, County Counsel. The recommendation will be implemented in the near future. A written policy will be developed requiring that the attorney assignment lists be reviewed, revised if necessary, and distributed not later than 90 days following the end of each fiscal year. Additionally the policy will require an evaluation of the need for a possible redistribution of work load within 60 days of a new attorney joining the office.
F5:
Face-to-face annual evaluation discussions between the supervisor and employee do not always take place. 2008-09 Grand Jury Report Response 1 County of Napa Office of the County Counsel Response, County Counsel. County Counsel mostly disagrees with this finding. Face to face evaluations always occur following the completion of an evaluation and before it is submitted to Human Resources for processing. That being said, there may have been a rare situation involving a senior employee of the office where a face to face meeting did not occur. However, the County Counsel cannot recall any such instance.
F6:
Paralegal and administrative evaluations are timely; lawyer evaluations are generally delinquent by several months. Response, County Counsel. County Counsel partially agrees and partially disagrees with this finding. Paralegal and administrative evaluations have been timely for many years. Attorney evaluations were current for several years but beginning at some point in 2007 some of the evaluations of attorneys who have been with the office for extended periods of time have not been completed in a timely manner. However, evaluations of new attorneys have always been completed in a timely manner. The delinquent evaluations are being brought up to date and all are expected to be current by the end of July 2009. Finding #7. Staff meetings are infrequent. Response, County Counsel. County Counsel agrees with this finding to the extent meetings of the entire 21 person staff is being referenced. In response to the Grand Jury's finding, bimonthly meetings of the entire staff are being scheduled rather than the two or three meetings a year that have been historically scheduled. Meetings with smaller divisions within the office, which presently occur more frequently than meetings of the entire staff, will also be increased in frequency. One-on-one meetings with staff to discuss specific legal issues, which are frequent, will continue. See response to
F8:
The County Counsel's office does not have a formal conflict of interest policy. Response, County Counsel. County Counsel agrees with this finding. Representational conflict of interest issues are presently addressed on a case by case basis. Although this office does not have a formal conflict of interest policy, the County as a whole has a formal conflict of interest policy that is followed. A conflict of interest policy focused on conflicts of interest that develop when multiple departments or agencies with competing adverse interests request representation by the Office of the County Counsel will be developed on a priority basis. See response to Recommendation #8.
F9:
The County Counsel's office is well run; employees are not micro-managed. Response, County Counsel. County Counsel agrees with the finding.
F10:
County Counsel lawyers generally stay out of client policy issues. 2 2008-09 Grand Jury Report Response County of Napa Office of the County Counsel Response, County Counsel. County Counsel agrees with the finding.
F11:
The quality of some written documents to clients needs improvement. Response, County Counsel. County Counsel agrees with this finding due to the inclusion of the word "some" in the finding. Client Satisfaction surveys which have regularly been conducted since 1995 have consistently evaluated the office at the high "4" to mid "5" levels in the areas of providing decisive and understandable written legal advice as well as providing a high quality work product (Scale is 6=Exceptional; 5=Excellent; 4=Fair; 3=Poor; 2=Unacceptable). Nonetheless there is always room for improvement particularly in the area of the dozens of written agreements that are reviewed and approved each year by the office.
F12:
Personnel within the County Counsel's office have been briefed on the current County Counsel succession plan and, although concerned about who the next County Counsel may be, are supportive of the plan. Response, County Counsel. County Counsel agrees with the finding. Finding #13. There is very low turnover in County Counsel personnel. Response, County Counsel. County Counsel agrees that historically this has been the case.
F14:
County Counsel's lawyers and staff personnel are located in three separate rooms. Response, County Counsel. County Counsel agrees with the finding. This separation is required. A "firewall" exit is required by fire regulations due to the presence of a large meeting room on the same floor on which County Counsel is located (i.e. the room where the Board of Supervisors meets). That firewall hallway exit and the overall layout of the building requires that the main office of the County Counsel be separated from the two smaller offices and prevents the two smaller offices from being merged. See response to
F15:
Workload assignments are changed in an attempt to level the hours, but this leveling action generally occurs only on a one to two-year basis. Response, County Counsel. County Counsel agrees with the finding. See response to
F16:
The archaic time/billing system wastes lawyer and administrative staff time, impedes accurate client billing and makes workload leveling more difficult. Response, County Counsel. County Counsel agrees with the finding and routinely asks in its annual budget submittal that a more modern time and billing system be funded. The 3 2008-09 Grand Jury Report Response County of Napa Office of the County Counsel current time and billing system has been in use for approximately 15 years and is badly in need of an upgrade. See response to Recommendation #7. Response, County Executive Officer. County Executive Officer agrees with the Grand Jury finding that the time/billing system is archaic. However, as stated in County Executive Officer's response to Recommendation #7, it appears that the two-step process of inputting time is what is causing most inefficiency. Unless that issue is resolved, there may not be improved efficiency by procuring a new system. County Executive Officer disagrees with the finding that the existing system impedes accurate client billing. Based on the data received from the County Counsel's office, it appears that the existing system is capturing all billable hours.
F17:
Small Claims advice to the public is provided by the County Counsel's office. Response, County Counsel. County Counsel agrees with the finding.
F18:
The Grand Jury was recently denied County Counsel legal representation in a dispute with a County agency over records release. Response, County Counsel. County Counsel agrees with this finding. The Office of the County Counsel has historically not represented the Grand Jury where both the Grand Jury and a county department are taking adverse positions and both seek representation. In such a case the office cannot ethically represent each side. The Office of the County Counsel does represent the Grand Jury when non-county agencies are involved. The formal conflict of interest policy the office will be developing on a priority basis will address this issue after discussing the matter with the Court Executive Officer and, if the Court Executive Officer deems it appropriate, the Presiding Judge of the Napa Courts - Grand Jury. See response to Finding #8. Finding #19. The Grand Jury does not have a vehicle to provide timely independent counsel services if County Counsel refuses to provide legal representation. Response, County Counsel. County Counsel partially agrees and partially disagrees with this finding. Various sections of the Penal Code provide that if the Office of the County Counsel has a conflict the Grand Jury may seek representation from the District Attorney (§935), Attorney General (§936) or special counsel (§936.5). However, securing special counsel is subject to two preconditions. First, the approval of the presiding judge of the superior court must be secured after a noticed evidentiary hearing on the conflict issue. Second, the presiding judge of the superior court cannot approve a request for special counsel unless the County Auditor-Controller certifies that the Grand Jury has funds appropriated to it that are sufficient to compensate the special counsel. Whether the Attorney General would support the Grand Jury in a local non criminal investigation is an unknown. Thus County Counsel agrees with the Grand Jury that in the absence of the District Attorney providing representation in the event the County Counsel has an ethical 2008-09 Grand Jury Report Response 4 County of Napa Office of the County Counsel conflict the process of retaining securing counsel may not be timely considering the time pressures under which Grand Juries typically operate.
F20:
The County Counsel's staff has available to it adequate and updated legal reference sources. Response, County Counsel. County Counsel agrees with the finding.
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Findings & Recommendations
20 findings
F1:
Two Hispanic gangs are most prominent in Napa County: the Norteños and Sureños.
F2:
Gang membership, use of weapons and the level of violence have increased, and frequency of violence has decreased in Napa County.
F3:
Currently, loosely formed group of law enforcement representatives, the DA's office and some members of the community meet to discuss gang issues and exchange information. There is no paid staff or capacity to implement or fund programs or policies. The supporting GVS grant expires June 2010.
Related Recommendations (2)
R1:
Establishment of a new County-wide multijurisdictional gang task force with a full- time coordinator, strike team and representatives from local and regional law enforcement jurisdictions, prevention, intervention agencies, school administrations and the community.
R3:
Identification of funding sources to continue programs created under the GVS grant.
F4:
Approximately 50 percent of Napa County Jail inmates, 30 percent of Napa County Juvenile Hall inmates and 10 percent of the school population are gang affiliated.
F5:
It is estimated there are over 850 gang members and approximately 3,000 gang affiliated individuals in Napa County.
F6:
The fiscal impact of gangs in Napa County is substantial. This includes the cost of law enforcement, probation and District Attorneys assigned to gang units, SROs, Napa County Juvenile Hall, Napa County Jail and the operation of alternative schools.
F7:
Other gangs have been identified in much smaller numbers in Napa County, including the Rockers, Insane Clown Posse and Hell's Angels, Mongols, Jugelets.
F8:
There is evidence of gang influence in every middle school and high school campus in Napa County, and some elementary schools.
F9:
SROs are essential to monitoring campus gang activity, providing campus security as well as crucial information and education.
Related Recommendations (1)
R5:
Retain SRO's on campuses, as a preventive measure and to provide education to staff, and parent.
F10:
NVUSD high schools use Color Contracts to monitor individual gang members.
F11:
Due to budget constraints, Calistoga and St. Helena currently do not provide SRO's on middle school or high school campuses. Napa provides one SRO to cover three middle school campuses.
Related Recommendations (1)
R5:
Retain SRO's on campuses, as a preventive measure and to provide education to staff, and parent.
F12:
Dress codes for Napa County schools are determined by each school. Several schools prohibit the wearing of gang colors and memorabilia; however, in many schools these prohibitions are not strictly enforced.
Related Recommendations (1)
R9:
Consideration of stricter dress codes or school uniforms on public school campuses. REQUEST FOR RESPONSES The 2008-2009 Grand Jury requests the following responses: The Napa County Board of Supervisors, recommendations 1, 2, 3, 5, 6, 7 The Napa Valley Unified School District, St. Helena School District and Calistoga School District recommendations 4, 5, 8, 9 The Napa County District Attorney's Office, Police Departments for the Cities of American Canyon, Napa, St. Helena and Calistoga, Town of Yountville and the Napa County Sheriff's Department, recommendations 1, 2, 6, 7 GLOSSARY AI .....Appreciative Inquiry BJS .....Bureau of Justice Statistics DA.....District Attorney CJMGMS ......Criminal Justice Information Management System EBP .....Evidence Based Practices FBI .....Federal Bureau of Investigation I/LEADS ......Integraph® Records Management System NCOE.....Napa County Office of Education NVUSD......Napa Valley Unified School District OJJDP .....Office of Juvenile Justice and Delinquency Prevention RIMS ......California Response Information Management System SRO.....School Resource Officer UCI.....University of California Irvine NSIB...... Narcotics Special Investigation Bureau
F13:
Law enforcement officers on the front lines, who deal directly with gang members, do not receive the governmental or financial support necessary from senior enforcement officials and elected officials. Some are reluctant to discuss known gang activity or aggressively intervene in fear of reprisal from superiors, community or elected leaders.
F14:
There have been instances of students with gang affiliations, from Vallejo, circumventing NVUSD residency requirements and enrolling in Napa schools.
F15:
Napa County public schools do not mandate that teachers, students or parents attend gang information meetings/training.
Related Recommendations (1)
R4:
Formalization of processes for providing gang information to parents, students and school administrators.
F16:
County and city databases used by law enforcement do not interface.
Related Recommendations (1)
R2:
Implementation of county-wide gang database and tracking system accessible by all law enforcement agencies and school officials
F17:
The county and several non-government agencies offer prevention and intervention programs for youth at risk of becoming gang members. However, there is little or no collaboration between the various agencies, schools and law enforcement.
F18:
Currently NCOE provides education services to all Napa County students who are on academic or judicial probation.
F19:
Napa public schools are allocated $34 per day per student by the State of California.
Related Recommendations (1)
R8:
Consideration of $34 per day fines, the state allocated daily allowance per student provided to public school districts, after non-response to truancy notification.
F20:
Curfews and injunctions are enforcement tools used by other counties to contain gang violence
Related Recommendations (2)
R6:
Consideration of County-wide curfew for those under the age of eighteen as a law enforcement tool.
R7:
Consideration of the use of injunctions as a law enforcement tool against gang members.
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Findings & Recommendations
29 findings
F1:
Between 2003 and 2007, eleven ACFPD firefighters applied for and received educational incentive payments based on life experience online degrees from Almeda University.
F2:
At the outset, the then Fire Chief mistakenly relied on the California State Fire Marshal and did not exercise independent judgment to determine whether the Almeda degrees met the requirements for educational incentive payments. 3. $36,000 in educational incentive payments was made to certain ACFPD firefighters on the basis of Almeda University degrees from February 2003 to May 2008 when the District terminated the payments with the concurrence of the firefighters and the Firefighter's Union, Local 1186.
F3:
The City of American Canyon and the Fire Protection District create policies and procedures to insure that any future contractual obligations are developed through a Request for Proposals in order to provide for quality and a cost effective means of acquiring such services.
Related Recommendations (1)
R3:
The City of American Canyon and the Fire Protection District create policies and procedures to insure that any future contractual obligations are developed through a Request for Proposals in order to provide for quality and a cost effective means of acquiring such services.
F4:
The Almeda University degrees on which approval of educational incentive payments were based did not meet the incentive pay intent of the labor agreement (Memorandum of Understanding).
F5:
Oversight and approval authority were bestowed by the District Board solely upon the Fire Chief.
F6:
As he was retiring, the then Fire Chief told the incoming Chief that the issue of incentive payments needed to be addressed in the Union negotiations after the 2002 and 2007 labor agreement expired.
F7:
Prior to the receipt of an untraceable email in March 2008, no action was taken by the District to question these educational incentive payments based upon degrees acquired from Almeda University.
F8:
Between 2005 and 2007, there was publicity, both nationally and within the State of California, of the use by safety employees of online life experience degrees to obtain extra compensation from public employers.
F9:
When this issue came to light in the spring of 2008, the District, the Union, and the firefighters agreed to terminate such educational incentive payments and negotiated changes in the labor MOU in an attempt to assure the requirements for educational incentive pay did not permit unaccredited, non-educational degrees.
F10:
In June 2008, the District without first discussing the matter with the former Fire Chief, retained a Sacramento law firm ("McDonough firm") chosen by the District's General Counsel to conduct an investigation of the educational incentive payments issue.
F11:
Contrary to the untraceable email, the McDonough firm investigation determined that the then Fire Chief did not obtain an online life experience degree and received no incentive payments for such a degree.
F12:
The accusations against the former Fire Chief in the Firefighters' Local 1186 letter to the District proved to be unfounded and the Passafuime report so opined.
F13:
The McDonough firm also opined the incentive payments based on these degrees did not comply with the educational incentive pay requirements of the Labor Agreement (MOU) and should not have been approved.
F14:
The District made the McDonough firm reports public in June 2008.
F15:
The McDonough firm investigation and report cost the District $4,332.
F16:
In July 2008, the District also retained a Scotts Valley law firm (Dawson Firm), selected by the District General Counsel, to conduct a second investigation.
F17:
The Dawson firm submitted its report of investigation (the Passafuime report) to the District in September 2008.
F18:
The District withheld the Passafuime report from the public for twenty-three weeks and finally released a redacted version on February 23, 2009.
F19:
The Passafuime report adds little, if any, new facts not already known from the McDonough firm report and the newspaper accounts.
F20:
The Dawson/Passafuime firm investigation and report cost the District $43,623.
F21:
The NVR sued the District to get the Passafuime report made public before a redacted version was finally released.
F22:
Virtually all of the District Board's discussions and decisions regarding the educational incentive payments were in closed session out of the public's view.
Related Recommendations (2)
R1:
The City of American Canyon and the Fire Protection District strive to create more transparency in the people's business.
R4:
The City of American Canyon and the Fire Protection District review, modify, or change policy to insure public access to governmental representatives and vital information that is necessary for the public welfare. REQUEST FOR RESPONSES The 2008-2009 Grand Jury requests responses from:
F23:
One of the District's stated goals published on its website is "transparency."
Related Recommendations (2)
R1:
The City of American Canyon and the Fire Protection District strive to create more transparency in the people's business.
R4:
The City of American Canyon and the Fire Protection District review, modify, or change policy to insure public access to governmental representatives and vital information that is necessary for the public welfare. REQUEST FOR RESPONSES The 2008-2009 Grand Jury requests responses from:
F24:
In February 2009, the active firefighters who had received incentive payments on the basis of Almeda degrees agreed, pursuant to a settlement agreement between the District, the Union and the firefighters, to reimburse the District for the payments they received. These firefighters will pay back the District approximately $36,000.
F25:
The District refused to disclose or make that settlement agreement public.
Related Recommendations (2)
R1:
The City of American Canyon and the Fire Protection District strive to create more transparency in the people's business.
R4:
The City of American Canyon and the Fire Protection District review, modify, or change policy to insure public access to governmental representatives and vital information that is necessary for the public welfare. REQUEST FOR RESPONSES The 2008-2009 Grand Jury requests responses from:
F26:
The District has spent approximately $130,000 in legal fees on the educational incentive payments matter. With costs continuing to be incurred, the final cost is yet to be determined.
Related Recommendations (1)
R2:
The City of American Canyon and the Fire Protection District develop a process to control legal expenses and evaluate the costs and benefits of employing a full-time city attorney to advise and represent the City and the District.
F27:
Fees and costs paid so far to the McDonough and Dawson firms for their investigation, to the Berliner-Cohen firm to defend the NVR lawsuit, and to the District General Counsel make up this $130,000 (See Appendix).
F28:
The American Canyon 2008-2009 budget for all legal services is approximately $400,000.
Related Recommendations (1)
R2:
The City of American Canyon and the Fire Protection District develop a process to control legal expenses and evaluate the costs and benefits of employing a full-time city attorney to advise and represent the City and the District.
F29:
The City of American Canyon and the Fire Protection District contract with an attorney in private practice with offices in Palo Alto and Los Angeles to be its City Attorney and District General Counsel. Neither the City of American Canyon nor the District has a City Attorney or District Counsel who is an employee of the City or District.
Related Recommendations (1)
R2:
The City of American Canyon and the Fire Protection District develop a process to control legal expenses and evaluate the costs and benefits of employing a full-time city attorney to advise and represent the City and the District.
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Findings & Recommendations
10 findings
F1:
The most recurring items of noncompliance were the lack of acceptable records and the underreporting of gross receipts by the operators.
Related Recommendations (1)
R1:
Local governmental agencies provide an operator with a copy of the local ordinance/municipal code and all forms needed to file and remit TOT.
F2:
Not every local governmental agency provides adequate information to a new operator.
Related Recommendations (1)
R2:
Licensing departments alert local Finance Departments when issuing new licenses to TOT applicants indicating number of rooms for transient occupancy. Local governmental agencies follow the municipal code/local ordinance in assessing penalties and interest.
F3:
There is a lack of communication between the Finance Departments and the licensing departments of the local governmental agencies.
Related Recommendations (1)
R3:
The City of Napa recommendations: 1,2,3,4,5,6,7,8,9
F4:
Provisions in the municipal codes/ordinances for interest and penalties are not being executed.
Related Recommendations (1)
R4:
Tax administrator to notify City Council or BOS of all past TOT, interest and penalties considered for waiver.
F5:
The tax administrator has sole discretion to waive TOT and/or interest and penalties due local governmental agencies.
Related Recommendations (1)
R5:
City of Napa establish adequate methods for tracking TOT, including past due amounts and consider purchase of software specifically designed to facilitate accounting for this tax.
F6:
Audits provided by the Cities and the County of Napa show past due TOT has not been collected from 2005 to the present.
Related Recommendations (1)
R6:
Local governmental agencies expand the municipal code to include the cost of auditing if the operator does not have adequate records.
F7:
The City of Napa does not have an adequate method of tracking its TOT revenue, relying in part on an out-of-date manual accounting system.
Related Recommendations (1)
R7:
Internal audits or contingency audits should be conducted with regularity.
F8:
Most local governmental agencies do not have an accurate record of how many rooms are available for transient occupancy.
Related Recommendations (1)
R8:
Enforce the provision in the municipal code assessing the cost of auditing to an operator who does not have adequate records.
F9:
The Cities and County do not conduct audits with any degree of frequency or regularity.
Related Recommendations (1)
R9:
Each local governmental agency improve its oversight and enforcement of the TOT. REQUEST FOR RESPONSES The 2008-2009 Grand Jury requests responses from:
F10:
Potential revenue from uncollected TOT, interest, and penalties in the millions of dollars is being lost throughout the county.
Findings & Recommendations
20 findings
F1:
There is general agreement among clients and County Counsel staff that the number of lawyers and paralegals will be adequate when the Assistant Counsel position is filled.
F2:
The office manager’s position is filled by a part-time employee and there is no file clerk.
Related Recommendations (2)
R1:
The part time office manager’s position be increased to full time.
R2:
A file clerk position be established.
F3:
One of the thirteen lawyers carried on the staff of the County Counsel serves as an executive administrator for another County agency.
F4:
Within the County Counsel’s office there is concern that a comprehensive list of primary and secondary lawyer assignments is not kept current.
Related Recommendations (1)
R3:
A procedure be established to maintain an up-to-date listing of primary and secondary lawyer assignments.
F5:
Face-to-face annual evaluation discussions between the supervisor and employee do not always take place.
F6:
Paralegal and administrative evaluations are timely; lawyer evaluations are generally delinquent by several months.
F7:
Staff meetings are infrequent.
Related Recommendations (1)
R4:
A more cohesive atmosphere be established through more frequent staff meetings.
F8:
The County Counsel’s office does not have a formal conflict of interest policy.
Related Recommendations (1)
R8:
Formal conflict of interest procedures be established for County Counsel’s office.
F9:
The County Counsel’s office is well run; employees are not micro-managed.
F10:
County Counsel lawyers generally stay out of client policy issues.
F11:
The quality of some written documents to clients needs improvement.
F12:
Personnel within the County Counsel’s office have been briefed on the current County Counsel succession plan and, although concerned about who the next County Counsel may be, are supportive of the plan.
F13:
There is very low turnover in County Counsel personnel.
F14:
County Counsel’s lawyers and staff personnel are located in three separate rooms.
Related Recommendations (1)
R5:
Consolidation of the County Counsel’s office space be made a long term priority.
F15:
Workload assignments are changed in an attempt to level the hours, but this leveling action generally occurs only on a one to two-year basis. 8
Related Recommendations (1)
R6:
The frequency of workload assignment review and balancing be increased.
F16:
The archaic time/billing system wastes lawyer and administrative staff time, impedes accurate client billing and makes workload leveling more difficult.
Related Recommendations (1)
R7:
A new time/billing software system be procured for County Counsel.
F17:
Small Claims advice to the public is provided by the County Counsel’s office.
F18:
The Grand Jury was recently denied County Counsel legal representation in a dispute with a County agency over records release.
Related Recommendations (1)
R9:
The Grand Jury consistently be provided with legal representation when requested in the pursuit of its duties.
F19:
The Grand Jury does not have a vehicle to provide timely independent counsel services if County Counsel refuses to provide legal representation.
Related Recommendations (1)
R9:
The Grand Jury consistently be provided with legal representation when requested in the pursuit of its duties.
F20:
The County Counsel’s staff has available to it adequate and updated legal reference sources.
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Findings & Recommendations
6 findings
F1:
The BOS has never appointed a CPA to the FOC.
Related Recommendations (1)
R1:
The BOS appoint a CPA to the FOC.
F2:
The City of St. Helena has expended no funds for design, engineering or construction on two of the three components authorized by Measure A.
Related Recommendations (1)
R2:
The City of St. Helena initiate design, engineering and construction of the remaining components authorized by Measure A.
F3:
Flood Control District expended $1,413,799 in payment to the lobbyist Carmen Group Inc. through June 30, 2008. The actual amount charged to Measure A revenues was not determined by the Grand Jury.
F4:
The City of St. Helena has paid the Carmen Group Inc. a total of $785,308 (unaudited actual) from Measure A revenues through September 30, 2008. 8
F5:
The wording of the Measure A project components relative to the Unincorporated Areas is apparently sufficiently broad to cover a variety of ongoing studies and projects resulting from events occurring significantly after Measure A was enacted.
F6:
The expenditure categories in the FOC annual overview of financial activities and related web site documents do not make it possible to identify lobbying expenditures (direct payment to lobbying firms and related County/municipality travel).
Related Recommendations (1)
R3:
The Measure A Financial Oversight Committee identify lobbying expenses (direct payment to lobbying firms and related County/municipality travel) in the annual report.
* 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.