2005-2006 Final Report

Conclusions 29

• CL1
  During interviews with two members of the new board, who were also members of the old board, we were told they had contacts with CCLO, and they and CCLO were mutually supportive of each other’s efforts during the time prior to the recall election.
• CL2
  A press release issued by the new board announced the law firm had been retained to represent the new board. The press release further stated that one of the law firm’s attorneys was the author of the Measure B ballot initiative. The Grand Jury made two attempts to obtain the time sheets and billing records directly from LOCSD and the law firm. The first instance was via a subpoena issued by the Grand Jury. The LOCSD responded — claiming attorney-client privilege — by refusing to provide us with the complete billing information for its current attorney and lack of information for the law firm. In the second instance, an attorney from the County Counsel’s office contacted the law firm’s attorneys directly, and requested the detailed time sheets and billing records. The law firm’s attorneys agreed to submit the documentation “... with attorney-client privileged information Pg 77 of 252 redacted.” The Grand Jury received the material and upon examination found that information relating to legal tasks performed and billed had been redacted. For each billable task, the material showed only the date, billable time and initials of the person performing the task. The column showing the actual billable task performed has been left blank. As an example, one page of the material provided is included with this report as Appendix A. The only instances in which detailed information was provided were with regard to out-of-pocket expenses such as travel expense, photocopy, etc. SUMMARY Since public funds were used to settle the five lawsuits, the Grand Jury feels that the public has a right to know what legal services were rendered and billed, and if the billings were proper. Specifically, were public funds used to reimburse the law firm for work done, on the first four lawsuits listed in the above table, in connection with the September 27, 2005 recall election and Measure B initiative and are being included as billings in connection with the litigation work?
• CL3
  Interviewed District administrators;
• CL4
  Interviewed AHS administrative and line staff personnel;
• CL5
  Interviewed parents of AHS students;
• CL6
  Reviewed various Atascadero Unified and Paso Robles Unified School District policies and procedures regarding discrimination and harassment; and Pg 112 of 252
• CL7
  Reviewed California Department of Education codes and regulations pertinent to the issues.
• CL8
  Using core curriculum to examine work-related topics (e.g. budgeting in math class, cover letters in English/language arts class, the history of labor/management relations in social studies class),
• CL9
  Inviting weekly speakers from a variety of professions to visit the class and share with students what they do and the paths they took to establish their careers,
• CL10
  Establishing a job shadowing experience for all student participants who successfully complete the first semester of the program,
• CL11
  Arranging co-enrollment in courses at Cuesta College for select students,
• CL12
  Enlisting a campus-based job developer for liaison between students and prospective employers, and
• CL13
  Developing collaborative partnerships with employer groups such as trade unions, industry associations, and business groups. The WORK program does not actually teach specific job or work skills. Rather, it is designed to teach the fundamentals of what it means to work. It covers topics such as the need to dress appropriately, show up for work on time, get along with co-workers, and have a positive attitude, cleanliness and personal hygiene. These are necessary steps in preparing students for the work Pg 127 of 252 world, and in many cases is their first exposure to these concepts as important elements of everyday life. Two issues must now be dealt with to secure the future of the WORK program: how to continue the current WORK program and how to provide these students with the next level of skills required to enter the workforce. Cost of the Program: Funding for each twenty-student group is estimated at $50,000 (or $2,500 per student). If the program is to be expanded to both the north and south county campuses, the total cost would be approximately $150,000. According to those professionals interviewed, all agreed this is a wise investment, one that promises payoffs on many levels for both the county and the youth who are able to make positive turnarounds at this critical stage in their life. The potential alternative cost to society, which could be incurred if these students are not able to find gainful employment as they age is much greater. We feel this may be a case of, “pay now or pay more later.” Possible PIC Funding Restrictions: PIC is restricted in its ability to supply funds for the WORK program due to federal regulations and the availability of funds. Federal regulations require funds be used only to benefit families with a maximum of $7,200 earned annual income. This can represent a problem for some students enrolled in the program. However, there are other qualifying categories into which many students may fall and this may mitigate this restriction. It is not clear what effect this restriction will have on funding for the coming year. Additional funding, and creative substitute forms of assistance such as described in the next section, must be identified and developed. Pg 128 of 252 A Role for the County: The County General Services Department employs people with a range of skills in many different occupational fields. This department is charged with maintaining virtually all county property. Jobs in the department range from building and grounds maintenance to many of the construction trades, park rangers, vehicle maintenance, and a host of administrative functions. Most jobs are full time, while some are part time or summer positions. During our roundtable discussions, it was determined that it may be possible to either employ some students from the WORK program in this department or to allow them to at least observe work activities. This would provide some of the exposure to advanced job skills that are needed to round out the WORK program as well as add additional value to the benefits provided to the county by the General Services Department. There is, of course, a need to provide adequate supervision and oversight for students allowed to take part in the department's work activities. The Probation Department stated they would support this concept on an experimental basis and would be willing to cooperate in this endeavor by screening prospective participants and providing required supervision. If this concept can be implemented it would benefit both the students and the county. The Future and Funding: Because the WORK program has shown initial success, we feel that it should be expanded. Toward this end, additional funding must be sought. Funding is always a problem - and there is no easy answer. San Luis Obispo County has been first in a number of developments, which have later been adopted at the state level. There is reason to believe the WORK program could be a “first” which would have application statewide. It is a “pilot project” which addresses a problem common to all counties in the state. Private industry also stands to benefit from a successful and expanded WORK program. Although PIC may have limited funds, PIC, as an organization, is ideally suited to approach private industry sources to solicit additional funding and supplemental support for the program, and to administer any funds generated. Pg 129 of 252
• CL14
  Rossi, Randall S., Oak Ordinances: Do They Help or Hurt?, Fremontia, July 1990. San Luis Obispo County Code-Title 22, Land Use Ordinance, Chapter 22.56-Tree Preservation. Wayburn, Laurie A., Emerging Tools and Institutions to Conserve Oak Woodlands: Integrating Public Trust and Private Benefits, or Can We Ever Get Paid for Doing the Right Thing, USDA Forest Service Gen. Tech. Rep.PSW-GTR-184. 2002. Pg 141 of 252
• CL15
  DCSS acts responsibly and in the best interests of the child, by promptly and effectively locating missing parents and establishing, collecting and distributing the support ordered by the court from the non-custodial parent. DCSS will seek to modify payments as situations change or as disputes arise. Every effort is made by the department to settle disputes before bringing the case back to the court. Based upon a limited examination of the DCSS budget, it appears that this department manages its financial resources responsibly. According to data provided by the director, San Luis Obispo Page 12 of 252 County’s DCSS ranks among the highest in California for the recovery of child support payments based on statewide reporting standards. REQUIRED RESPONSE This is an informational report. No formal response is required. Page 13 of 252 ARE SAN LUIS OBISPO COUNTY CITIZENS SAFE? ORIGIN After the devastation of Hurricanes Katrina and Rita, prisoners escaped or just walked away from local jails and prisons during the chaos that ensued. The Grand Jury examined the evacuation plans of locked facilities in San Luis Obispo County. METHOD Members of the grand jury interviewed authorities of the locked facilities, reviewed written evacuation plans and made site visits to the California Men’s Colony (CMC), El Paso de Robles Youth Correctional Authority (CDCR-DJJ, California Department of Corrections and Rehabilitation - Division of Juvenile Justice), County Juvenile Services Center (JSC), County Jail, and Atascadero State Hospital (ASH). Due to the nature and need for security in each of the locked facilities, the Grand Jury has agreed not to reveal specific emergency plan details. Note: The Grand Jury acknowledges that the Atascadero State Hospital (ASH) does not fall under the definition of ‘public prisons’ as defined by the California Attorney General. The Grand Jury wishes to thank ASH for their voluntary cooperation in the preparation of the report on his report. NARRATIVE Safety of the citizens is a high priority. Because San Luis Obispo County has potential for earthquakes, fires, mudslides, releases of hazardous materials, a major concern of locked facilities is for the protection of the community residents. There are disaster plans in effect at all the locked facilities in the county for internal and external emergencies. They include instructions for minor localized emergencies such as a small fire in a specific housing unit, to a disaster such as a major earthquake. Each facility has its own emergency disaster plan. If an emergency occurs in one or more areas of an institution, inmates may be housed in alternate locations within the facility. Page 14 of 252 The facilities’ disaster plans identify the hierarchy of personnel in charge and their specific duties and responsibilities within the institution. Some of the locked facilities have their own police force and fire fighters to maintain safety and order within the facility. The institutions have back-up generators, hand-held radios for communicating when telephones are down. Necessary food, water, blankets, tents, medications, etc., to last several days to weeks is available for use. If evacuation is necessary, the facilities have mutual aid agreements with locked institutions throughout the state. Local facilities coordinate with the Office of Emergency Services as part of disaster planning. During an emergency, staff remains within the institution until relieved by incoming staff. Visitors within the facility will also remain until it is safe to exit. The personnel in charge have authority during crises and will notify staff and visitors of the plans.
• CL16
  The Grand Jury recognized the extensive disaster planning that has gone into protecting residents of the county by all of the locked facilities. The Grand Jury is satisfied that plans are in place to protect the citizens of San Luis Obispo County in the event of a disaster. REQUIRED RESPONSE This is an informational report. A formal response is not required. Page 15 of 252 RED LIGHT – GREEN LIGHT The increase in traffic within the County of San Luis Obispo has created problems for drivers throughout the County. The specific concern is the traffic lights at the intersection of Highway 101 and Tefft Avenue in Nipomo. Members of the Grand Jury did a drive-through test at that intersection to ascertain what the problems are and sought to determine if a plan was in place to remedy this situation. ORIGIN The Grand Jury received a complaint regarding the ongoing traffic problem at Highway 101 and Tefft Street in Nipomo. The Grand Jury was asked to look into the feasibility of synchronizing the stoplights at those intersections. METHOD We evaluated the traffic flow through the intersection and observed the timing and synchronization of the traffic signals. Members of a grand jury sub-committee drove through the intersection and held follow-up discussions with the San Luis Obispo County Traffic Control Manager. Information reviewed included the circulation plan from the “West Tefft Street Corridor Study” prepared by TPG Consulting, Inc. in May of 2003. NARRATIVE The existing conditions at this intersection show that the volume of traffic is significant and creates problems at certain times of the day. Two factors contribute to this congestion: the first is the volume of the on and off traffic from Highway 101. It is important that vehicles exit the freeway as quickly as possible and not be allowed to back up into the freeway lanes. The second contributing factor occurs on Tefft Street when vehicles enter or exit businesses and residential neighborhoods. Regarding the synchronizing of the stoplights at this intersection, the County Traffic Control Manager explained that two of the signals were Caltrans-owned and operated and two others were San Luis Obispo County-owned and operated. Each agency has different priorities. The county’s priority is traffic flow on Tefft and the state’s priority is moving traffic off the freeway. Page 16 of 252 They are cooperating to coordinate the signals. SLO County has acquired and installed the state’s traffic signal control software program. The signals are now compatible and synchronized. A copy of the “West Tefft Corridor Design Plan” obtained by the Grand Jury includes recommendations to improve traffic flow (see Appendix A). The principle recommendation is to extend Mary Avenue to Hill Street with an on-ramp to the Southbound 101 Freeway. This will siphon off much of the congestion at Tefft and 101 (see map in Appendix B).
• CL17
  The Grand Jury is satisfied that the County of SLO is aware of the traffic congestion problem in Nipomo and plans to alleviate it as soon as possible. A complete and detailed plan, the “West Tefft Corridor Design Plan,” developed by the Department of Planning and Building, is available for public inspection and will be implemented. The County Traffic Department is working on solutions in anticipation of traffic problems as the County continues to grow. REQUIRED RESPONSE This is an informational report. No formal response is required. Page 17 of 252 Appendix A Excerpt from the West Tefft Street Corridor Study
• CL18
  The Grand Jury would like to commend the CAC for its outreach to the public: the creation of a HOTLINE and the distribution of handouts describing how pesticides are regulated, how to report complaints, and measures to reduce pesticide use in the home. This agency performs the important job of bringing neighbors and growers together to cooperate on common problems. In addition, CAC coordinates with Santa Barbara County to maintain consistency in regulating pesticide use throughout the region. The Grand Jury would like to acknowledge the grassroots efforts of Neighbors-At-Risk for taking a proactive stance on this issue as well as ECOSLO for their work in increasing public awareness. We also commend the Public Health Department for creating the task force, for working with CAC, and for providing training to medical professionals in schools and hospitals. As the county’s population increases, the agricultural/urban clash will intensify. Land use decisions, which ensure both the grower’s “right to farm” and the public’s health, need to be protected. California’s goal is to protect commercial agriculture as an essential component of the state’s economy. The Grand Jury hopes this county is committed to maintaining a balance between growing crops and a growing population. Pg 37 of 252
• CL19
  In the opinion of the Grand Jury, the members of the Gang Task Force are dedicated and professional officers and a genuine asset to county law enforcement.
• CL20
  The nurses training program at Cuesta College compares favorably with any other in California. Despite a change in admission requirements, which was mandated by the state several years ago, Cuesta has continued to maintain a very low attrition rate for the program. For example, of the 46 students who began the 2004/2005 class, 44 are expected to graduate this year. Local hospitals have expressed their satisfaction with the Cuesta graduates they employ - they would just like to have more of them. Their support of the college’s program is evidenced by the donations made this year - and pledged for next year - to assist in funding the ten-student increase in the current nursing class. Pg 54 of 252 The Grand Jury hopes that the spirit of cooperation between our practicing health professionals and educators continues, and that as a result of that cooperation, creative solutions to the nursing shortage can be found. REQUIRED RESPONSE This is an informational report. No formal response is required. Pg 55 of 252 THE SAN LUIS OBISPO COUNTY PLANNING COMMISSION AN ADVISORY BODY - NOT A LEGISLATIVE BODY The Grand Jury has examined the San Luis Obispo County Planning Commission and reviewed certain of its recent actions. The current structure and operating rules of the Planning Commission allow its decision-making process to be manipulated by personal agenda. We have also reviewed the legal basis for the Commission and the county's ordinances regarding establishment and operation of the Commission. (Please see Appendix A for excerpts of relevant sections of California laws.) The Grand Jury performed its inquiry with an eye toward examining the Commission's objectivity, accountability, consistency, responsibility, fairness, and the relationship of their actions to housing affordability. Following are our observations, findings, and recommendations regarding the San Luis Obispo County Planning Commission.
• CL21
  It appears that the Planning Commission has attempted to interject itself into matters over which it has no authority and, in the Grand Jury’s opinion, has become a vehicle for pursuing the personal agenda of some of its members. Further, decisions often do not appear to be made in a fair, consistent, and impartial manner and appear to reflect personal bias rather than a fair and Pg 62 of 252 impartial review of the facts. The definition of “review of the facts” often seems to be selectively tailored to support a preconceived viewpoint rather than a search for the best and fairest solution to a problem. Decisions often appear arbitrary. Applicants often do not have a clear understanding of the rules governing the Planning Commission’s actions regarding issuance of permits. These rules and requirements for issuing permits often are a moving target and Planning Commission decisions do not reflect consistent application of the rules between different cases for the same or similar issues. There appears also to be a lack of accountability for the Commission inasmuch as rules may have been broken and conflicts of interest may exist. There is the appearance of a conflict of interest, if not an actual conflict, when the jurisdiction of the Coastal Commission extends to matters before the Planning Commission and one of the Commissioners is also an employee of the Coastal Commission. The rules under which the Commission operates are vague, insufficient, often irrelevant, and are in need of substantial clarification and revision.
• CL22
  It is clear that the concept of advisory councils, when properly implemented, can be a valuable aid to Supervisors and planners, and can produce credible results which lead to better government and improved communities. The product of the councils' endeavors should be representative of a broad cross section of community opinion. Advice received from councils, which do not meet the criteria of The Resolution, can increase the county's liability exposure.
• CL23
  The WORK program serves a specific need in the county and, for the dollars spent, has the potential of a very high return on investment – especially in the long run. The County Office of Education is to be highly commended for their efforts in creating this program. The Private Industry Council, the Probation Department, and the General Services Department should be recognized for their willingness to explore innovative ideas about how to make the program an even greater success. The future of the WORK program depends on funding. Funding depends on the ability to create and pursue new and creative approaches to obtaining money for the program. It is time to think outside the box!
• CL24
  Young adults emerging from foster care have little or no family support and even fewer personal resources. Many leave the system without jobs, stable homes, savings or adults they can count on. Once teens are emancipated, financial aid to their former caregiver is ended. Given the Pg 147 of 252 sudden withdrawal of support and the many problems these young people face, it is both practical and cost-effective to provide adequate housing and services to youth to facilitate this transition. Even in stable families, some 18 year olds are barely equipped to deal with the demands of today’s society without support. “Forging connections with adults who will stick with them through the ups and downs of growing up becomes a necessary survival skill…no one at age 19, 20 or 21 can live without adults,” says Steve Cohen, Director, Special Child Welfare Advisory Panel, Annie E. Casey Foundation.
• CL25
  Victims of domestic violence who have restraining orders can enhance their level of safety if the terms of the orders are strictly adhered to, and if law enforcement and other community resources are properly utilized to support them. Victims with extended families to help them and batterers with steady jobs may be more likely to obey the terms of the orders. Abusers who understand the impact of their behavior on their children will be more apt to comply with their orders. All of these agencies, working together, may help domestic violence victims guard against further abuse. However, restraining orders offer no protection if batterers don’t keep to ‘stay-away’ distances, if they don’t surrender their firearms, if visits with their children are not strictly supervised as ordered, if the abuser doesn’t attend an anger management program or if the restraining orders are not understood by both parties. Violence can escalate if abusers become vindictive. Cultural and language difficulties and the shame associated with battering can prevent victims from reporting these crimes. Police and law enforcement’s varying responses to domestic violence are also factors (Appendix A). In 2004, 138 women were murdered in California as a result of domestic disputes. It is not known how many of these women had restraining orders. Nevertheless, a false sense of security for a victim and her family can sometimes become a matter of life or death.
• CL26
  As the California Men’s Colony is a state-run institution, the County Grand Jury cannot require responses from the State of California, however, it is mandated that the Jury point out existing needs and bring these needs to the attention of the general public, CMC, and the State Legislators. Staffing shortages of both Correction Officers and Nursing staff in both East and West facilities need to be addressed. CHANGES SINCE THE GRAND JURY’S VISIT - Since the time of the Grand Jury visit (2005), some changes have occurred. In the case of the shortage of nurses, the State has authorized an 18% salary increase. This has helped in recruitment, but has not solved the problem of hiring newly graduated nurses. The Correction Officer Training Academy has been reactivated and a second academy has been added to train needed personnel. The Grand Jury was impressed by the professional staff of both East and West Facilities of CMC. The staff should be commended for handling a difficult job. Pg 212 of 252
• CL27
  Overall, the jail appears to be an efficient and well-managed facility staffed by conscientious and motivated professionals. This opinion is shared by those bodies which regularly inspect the jail to insure compliance with legal mandates. The only negative aspect of its operations relates to the overcrowding issue, about which neither the Sheriff nor his staff can do anything but request funding for needed expansion. Pg 216 of 252
• CL28
  Juvenile Hall protects the community from youthful offenders by incarcerating them, and is proactive in rehabilitation programs for the minors. The professional staff appears to be comprised of dedicated and caring individuals who encourage the minors to alter their behavior.
• CL29
  Because most of the wards confined at the YCF have committed serious crimes, violent incidents have occurred and will inevitably continue to occur. Nevertheless, the staff is taking the necessary steps to maintain a reasonably safe environment for everyone confined within or working at the facility. The primary emphasis, as it must be in any custodial institution, is on security and public safety; however, there appears to be a real commitment toward rehabilitation among both the management and staff of the El Paso de Robles Youth Correctional Facility. Pg 227 of 252