San Bernardino County Grand Jury • 2014-2015

a erite Veritat

Published: July 01, 2015 132 pages Consolidated Report
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Findings and Recommendations 6 findings

F1 Page 18
The boring samples were not taken from the area of the excavation where the sewer line was to be installed.
No recommendations for this finding
F2 Page 18
Performance of additional boring along the relocated pipeline and utilization of Dig Alert in the early stages of the project would have identified the concrete highway beneath the asphalt and the additional utility crossovers. Incorporation of this information into the initial bid documents would have eliminated the necessity of returning to the Board of Supervisors for the excessive overrun cost of the allocated budget.
No recommendations for this finding
F3 Page 18
Accurate drawings were not available identifying crossover utilities.
No recommendations for this finding
F4 Page 25
Parents of both the victims and the bullies are routinely contacted in a bullying situation. 2014-2015 San Bernardino County Grand Jury – Bullying 17 RECOMMENDATIONS 15-04 All Administration, staff, and parents must consider bullying and maintaining a positive school climate as serious issues. 15-05 Continue to improve a positive school climate and anti-bullying programs following the termination of the grant funds, and include the community and families in that effort. 15-06 Promote and maintain programs that include parents, caregivers, and staff to combat bullying behavior. Responding Agency Recommendations Due Date Fontana Unified School District 15-04 through 15-06 10/01/2015 Victor Valley Union 15-04 through 15-06 10/01/2015 High School District 2014-2015 San Bernardino County Grand Jury – Bullying 18 CITY OF COLTON GOVERNANCE BACKGROUND In July 2014, the San Bernardino County Grand Jury initiated an investigation into management and financial record-keeping practices in the City of Colton. Colton is an incorporated city in San Bernardino County, California and is approximately 57 miles east of Los Angeles. According to the 2010 census, the population is approximately 52,000. The Grand Jury investigated concerns including:  Record keeping in the Public Works Department related to Capital Improvement Project (CIP) funds including Measure I funds (intended exclusively for transportation projects)  The documentation and the approval process for Public Works projects  City of Colton council members’ interactions with the city manager and city departments  Compliance with requirement for yearly audited financial statements  Outdated computer systems  Compliance by city staff with document retention policies for project files and computer backup data METHODOLOGY The Grand Jury conducted interviews with current and former employees of the City of Colton (the City) including line staff and management personnel, reviewed Colton’s policies and procedures, examined a sample of Public Works files, and read various financial materials. Two site visits to the City were undertaken as part of the investigation. FACTS According to information published by San Bernardino Associated Governments (SANBAG), Measure I is the half-cent sales tax collected throughout San Bernardino County for 2014-2015 San Bernardino County Grand Jury –City of Colton Governance 19 transportation improvements. Nineteen percent of the revenue is returned to the cities for use on local road improvement projects. These projects include the widening of streets, the installation of traffic signals, road maintenance efforts, storm drain facilities, bridges, upgrades to meet American Disabilities Act standards and other projects related to local transportation. This 20 year half-cent sales tax has provided nearly $10 million for Colton’s streets and roads since implementation 18 years ago. Local officials make decisions about the allocation of these funds. Projects that are funded by the City without the use of Measure I revenues are categorized as CIP. The Grand Jury reviewed the Public Works Department files for both CIP and Measure I projects. The City has approved a five year plan for Measure I funds. The project folders for Public Works contained documentation from start to completion of the projects. Financial records are consistently maintained and readily available to Public Works staff at all times. The Finance Manager in Public Works can directly access and input data to the computer financial system. All financial audits conducted by SANBAG and California Department of Transportation, as well as the city’s independent auditor, did not reveal questionable accounting practices on public works projects. Completed project files are maintained in file cabinets in an office area for three years. The files are then transferred to a warehouse storage area for seven years or more. There is no off-site storage area for archival of Public Works files and records. Off-site storage may include storage at a disaster proof facility, storage at remote location, or on a “cloud” type system. The Grand Jury reviewed how public works projects are prioritized and whether city staff is complying with the City’s procedures and guidelines. The Grand Jury specifically reviewed the approval process for the construction of speed bumps on city streets. City documents revealed that the projects at issue were completed consistently with the City’s established procedures and guidelines. The Grand Jury uncovered no evidence to support allegations that favoritism was given to elected officials in the decision to approve construction of the speed bumps. There were concerns regarding city work performed on private property of a council member. 2014-2015 San Bernardino County Grand Jury –City of Colton Governance 20 The work was found to have been completed consistently with City policies and procedures. A city owned utility pole was removed and resulted in damages to a block wall on private property. The block wall was repaired to its original state, as required by city policy. Documentation of the above projects is available to the public and has been confirmed by an independent investigative firm and an internal City review of complaints. Interviews failed to support concerns that individual City council members were unduly involved in day-to-day city operations. City staff did not report feeling pressured to handle matters in certain ways for individual council members. Financial reports are currently up-to-date and a newly hired Finance Manager has established procedures for maintaining records. Financial reports are available to staff on the computer system and by hardcopy on request. Archived financial records are maintained in boxes at a warehouse in the Public Works Department. No off-site storage is utilized. The City of Colton is in the process of updating all computers to the latest operating systems and financial software. At the time of the Grand Jury’s visit, 50 computers remained out of 250 to be updated. Off-site storage of computer backup media is not being used. There are no procedures in place to restore the existing backup at an alternate location in case of a catastrophic event such as an earthquake or fire. Each computer user in City government has a unique log on. A user can access information from any computer in the City so long as the computer being used is supported by appropriate software. Interviews confirmed existing storage times for backed up data do not meet the document retention schedule established by the City of Colton. Additional personnel are being hired to maintain and support the Information Technology (IT) Department as City finances improve. A forward looking plan is being considered for IT modernization in the City of Colton; however, the plan is currently too expensive to implement. 2014-2015 San Bernardino County Grand Jury –City of Colton Governance 21 City of Colton Policies and Procedures are not actively being reviewed and updated, but are updated when an issue arises and it is apparent that the policy or procedure is obsolete. For example, Policy and Procedures Section 4.04 titled Employer/Employee Relations was most recently revised in 2005. A second example is Section 2.03, Accounting, which was last revised in 1991. A separate indexing system is used to determine the date of adoption or revision of the policy or procedure. FINDINGS 1. The City of Colton correctly administers and audits Measure I funds, as well as funds from other sources.
No recommendations for this finding
F5 Page 113
Access to San Bernardino OffenderWatchⓇ is easy for computer users as it involves just one computer click from the San Bernardino Police Department home page; however, information is limited for users.
No recommendations for this finding
F6 Page 113
The number of registered sex offenders provided on Department of Justice (DOJ) Megan’s Law website for the city of San Bernardino is a more complete list (640 on May 19, 2015) than the number of sex offenders on the San Bernardino Police Department OffenderWatchⓇ website (6 on May 19, 2015). 2014-2015 San Bernardino County Grand Jury – Registered Sex Offender Websites 105 RECOMMENDATION San Bernardino Police Department 15-14 Modify the San Bernardino Police Department website so the public can click on a large icon similar in font and size to the Offender Watch icon so a more thorough access to records of registered sex offenders can be easily obtained. Also, the website should provide a warning to the public to check both databases as the Department of Justice (DOJ) Megan’s Law website has a more complete listing. COMMENDATION Fontana Police Department Commendation to Fontana Police Department for providing personnel and financial resources to maintain the Offender Watch program to ensure that the information is current and accessible to the public. Responding Agency Recommendation Due Date San Bernardino Police Department 15-14 10/01/2015 2014-2015 San Bernardino County Grand Jury – Registered Sex Offender Websites 106 SAN BERNARDINO CITY ANIMAL SHELTER BACKGROUND The 2014-2015 Grand Jury investigated the City of San Bernardino Animal Shelter. Within the State of California, animal shelters are required to adhere to Senate Bill 1785 that was introduced in 1988 by Senator Hayden and became the Hayden Law. A provision of the Hayden Law that pertains to this investigation is Section 1(c)(2) “the shelter consolidate and list clear guidelines for all animals held in the shelter.” METHODOLOGY The Grand Jury scheduled an interview with the staff of the City of San Bernardino Animal Shelter hereafter called the Shelter. The visitation allowed the Grand Jury to observe the operation of the facility. The scope of the investigation was whether the Shelter followed its policies and procedures, as well as those policies covered by the Hayden Law. The Grand Jury requested a copy of the Shelter’s policies and procedures. FACTS At the time of the Grand Jury’s visit to the Shelter and based on its interview with Shelter staff, there were two position vacancies: a veterinarian and registered veterinarian technician. The Shelter utilizes a program where a veterinarian visits two hours a week. The Shelter has contracts with other veterinarians who provide emergency medical services to the animals if needed. The Shelter can provide minor medical services. The Shelter is under contract with a hospital where the animals are taken when more extensive medical attention is needed. The Shelter has hired a registered veterinarian technician (Animal Control Manager). The contracted Drug Enforcement Agency certified veterinarian can direct the staff on administering medications. The staff of the Shelter can receive on-the-job training to administer medications. 2014-2015 San Bernardino County Grand Jury – San Bernardino City Animal Shelter 107 Cleaning and disinfecting of kennels and cages were observed during a tour of the Shelter. Food dishes are sanitized daily in a large industrial cleaner. Very hot water is used to kill germs and bacteria. Steam was visible to the Grand Jury during the cleaning process. Some of the cats bedding was being changed in the presence of the Grand Jurors during their visit. Multiple washers and dryers assist the staff in maintaining cleanliness. Animal food is kept in a separate secure metal container. Bags of food were closed and neatly piled. Food is frequently donated from local companies and individuals. There was no evidence of loose food or rodents. The general grounds are hosed down and neatly kept. Staff communicates when moving animals from their kennels/cages to adjacent holding areas while the sanitizing is occurring. Identification tags mention the animal’s temperament including feral, aggressive, or timid to assist the staff if any special handling was needed. Injuries are also noted on the tags. The Chameleon System is a database utilized to enhance communication. The database provides a detailed history for animals from the time they arrive to final disposition. All medical records are posted in the system and reviewed by staff. The Chameleon System tracks reported animal placement, medication, payments, and receipts. The system also includes pictures of the animals. The Shelter has published Policies and Procedures that relate to the operation of the facility and humane treatment of animals. Standard Operating Procedures include the beginning of shift, radio/cellphone use, and end of shift procedures. The most important policies deal with the health and welfare of the animals while in the Shelter’s custody. For example, all animals are weighed upon intake. Healthy appearing animals are given physicals while animals that do not appear healthy or appear to be abused are given more comprehensive physicals. The staff looks for symptoms of infectious diseases such as canine distemper. Another policy deals with serious bites that may result in mandatory quarantine at the shelter or an authorized veterinary clinic. In addition, there are many other policies and procedures. 2014-2015 San Bernardino County Grand Jury – San Bernardino City Animal Shelter 108 FINDINGS 1. Investigation of the San Bernardino City Animal Shelter indicates the facility is clean, operating efficiently, and according to provisions of Hayden Law. 2014-2015 San Bernardino County Grand Jury – San Bernardino City Animal Shelter 109 SAN BERNARDINO COUNTY SHERIFF’S DEPARTMENT AVIATION AND TOWING INVESTIGATIONS BACKGROUND Aviation Division The Aviation Division (Division) of San Bernardino County Sheriff’s Department (SBCSD) provides general law enforcement, narcotics surveillance, personnel/cargo transport, airborne photography, search and rescue, pursuit coordination, fire suppression and medical services transport with helicopters as well as fixed wing aircraft. Division aircraft are also used to assist other county employees in the performance of their duties, and civilians are often allowed to Ride-Along with SBCSD employees. The Division consists of pilots, Tactical Flight Officers (TFO), mechanics and support staff. Vehicle Towing During SBCSD investigations, vehicles may be towed and/or impounded for various law enforcement purposes. The SBCSD enters into Tow Service Agreements (TSA) with private towing companies to assist in the towing and impoundment of vehicles. These TSAs with the towing companies are renewed annually. According to these agreements, towing companies called to provide towing services are rotated after each service call to ensure fairness in towing service assignments. Aero Squadron The Aero Squadron, formerly known as the Civil Air Patrol, conducts air search, rescue, evacuation, damage assessment and assists in Emergency Disaster activities and other assigned duties as may be directed by the Sheriff of San Bernardino County. They are an organization consisting of civilian volunteers and reserve Deputy Sheriffs. 2014-2015 San Bernardino County Grand Jury – San Bernardino County Sheriff’s Department Aviation and Towing Investigations 110 METHODOLOGY Aviation Division The Grand Jury reviewed SBCSD Aviation Division and Patrol Station policies and procedures provided by the SBCSD. These manuals contain rules and regulations for which SBCSD employees must adhere. The Grand Jury also interviewed numerous SBCSD employees for information regarding compliance with Standard Operating Procedures (SOP). Both the Aviation Division SOP Manual (June 30, 2013) and the Aviation Unit Policy Manual (May 9, 2014) were reviewed. An in-depth review of the Aviation Division Flight Logs and helicopter Ride-Along waivers were reviewed to discover any inconsistencies in policy and/or procedures. Vehicle Towing The Grand Jury reviewed the current SBCSD Manual revised in 2014, and the SBCSD Tow Service Agreement (TSA) revised in February 2015. The Grand Jury also reviewed policies and agreements in effect at the time of the investigation. The SBCSD Manual contains the rules and regulations for all employees of the SBCSD. The TSA contains the rules and regulations that a tow company agrees to comply with in order to receive a towing rotation list, a tow list used in a rotating manner with the SBCSD. The Grand Jury also reviewed the California Department of Motor Vehicle regulations regarding how to conduct a lien sale for a vehicle. Towing logs and contracts with private towing companies from various patrol stations were reviewed for accuracy of and adherence to the towing rotation lists. Aero Squadron Information from fuel logs, refueling dates, and staff/unit meetings from the Aero Squadron Roster was reviewed. The following information was provided by the SBCSD:  San Bernardino County Sheriff’s Department 2014 Aero Squadron Roster  San Bernardino County Sheriff’s Aviation Division Maintenance Fuel Logs, 2012 thru 2014  Aero (Civil Air Patrol) meeting agendas from 7/1/12 thru 6/30/14 with attendance rosters 2014-2015 San Bernardino County Grand Jury – San Bernardino County Sheriff’s Department Aviation and Towing Investigations 111 FACTS Aviation Division Investigation The Grand Jury investigated the use of SBCSD Aviation helicopters for civilian Ride-Alongs. According to SBCSD interviews, civilian Ride-Alongs are frequently used for public relations purposes. The Grand Jury reviewed the Aviation Division’s SOP Manual and located three policies governing civilian Ride-Alongs. Section 1.17.3 states, “All requests for a Ride-Along should be handled through Operations or Watch Commander. It is suggested that riders not request more than one ride per calendar year...” Section 2.1.0- Patrol Flight Logs. “All Tactical Flight Officers (TFO) assigned to a patrol shift shall complete a daily flight log during the course of each shift. The patrol log should be inputted at the end of each shift. Each TFO should include the following information: Ride- Along: Item #4 of the above section includes: The name(s) of the authorized guest rider(s) after the proper waiver(s) has/have been signed.” Aviation Division SOP Policy Manual #14 - Passengers states: “Except when required to accomplish the mission, all passengers aboard a Department aircraft shall have the approval of Aviation Unit staff personnel or above.” SBCSD Manual has policies for civilian Ride-Alongs in patrol vehicles. Section 1.818 - Department Ride-Along Program, outlines the procedure for a civilian to Ride-Along with a patrol officer in a patrol vehicle. The policy outlines the following requirements for approval: ● Submitting a completed application/waiver to the division at least five days prior to the requested Ride-Along date ● A criminal background check by accessing available criminal databases ● The applicant’s name shall also be queried through the Tiburon “Special Flags” section to determine the extent to which the applicant has participated in the program in the past 2014-2015 San Bernardino County Grand Jury – San Bernardino County Sheriff’s Department Aviation and Towing Investigations 112 ● The division commander or his designee shall review the application and supporting documentation, and determine whether to approve or deny the request. In no case shall the commander’s designee be below the rank of sergeant ● The division commander or his designee shall, upon approval of the Ride-Along application, schedule the Ride-Along with the applicant. He shall enter, or cause to be entered, the Ride-Along application information into the “Special Flags” section of the Tiburon database ● At the time of the scheduled Ride-Along, prior to allowing the participant to go into the field, the shift watch commander shall review the application packet to ensure it has been properly completed, the background check has been completed, the application has been approved, and entry has been made into the “Special Flags” system ● The shift watch commander shall also ensure that the Ride-Along time is documented in the shift log, and the paperwork is properly stored in division files Information was provided by SBCSD personnel regarding the number of civilian Ride-Along flights ranging from five to seven per week. The Grand Jury attempted to determine the actual number of civilian Ride-Along flights and whether the department was complying with departmental SOPs. The Grand Jury reviewed Aviation flight logs from September 2012 to September 2014. Aviation Division SOP appears to use the terms flight log and patrol log interchangeably. The flight log includes the following information: date, time, pilot, TFO, call (minutes spent on dispatched call), total time activity, shift, location and disposition. In addition, the Hobbs flight time indicator in the cockpit shows start and finish time which is recorded on the flight log. All of this information is then recorded on a computerized log. The flight log provides a description of the flight in the “activity” and “disposition” columns. Examples of activities recorded in the “activity” column included general patrol activities such as robbery, failure to yield-pursuit, man with a handgun, foot pursuit- suspect running from officer, and suspicious character- subject appears to be casing residences. Also included in the column were non-patrol activities such as Ride-Alongs, training flights, administration flights and event flybys. 2014-2015 San Bernardino County Grand Jury – San Bernardino County Sheriff’s Department Aviation and Towing Investigations 113 The Grand Jury requested Aviation Division waivers for flight Ride-Alongs for a period of three years and was provided waivers from January 2013 through February 2015. The Grand Jury also reviewed flights listed on a SBCSD employee personal flight log. The Grand Jury investigation revealed that not all helicopter flights were recorded on the Aviation flight logs. The Grand Jury randomly selected for study two individual time periods of two months each for a total of four months. Twenty-eight civilian Ride-Along waivers fell within the four month time frame. The Grand Jury found that the flights with the twenty-eight civilian guest riders were not recorded on the Aviation flight logs. SBCSD Aviation pilots also maintain a personal flight log. The Grand Jury reviewed a personal flight log of a person authorized to pilot a SBCSD helicopter. The Grand Jury compared the first eight flights recorded on the personal flight log with the Aviation flight logs. One of the eight flights included a known civilian Ride-Along flight involving four individuals. Seven of the eight flights which included the civilian Ride-Along flight were not recorded on the Aviation flight logs. The Grand Jury verified through interviews with SBCSD personnel that no policies existed that required “unscheduled flights” to be recorded. A review of the waiver forms completed by civilian passengers revealed that of the 200 waivers received, only 39 waivers were complete and approved per department policy. The remaining 161 waivers (80% of the total provided) were incomplete with no background check verification, no authorized signature, and in some cases, missed required information. Vehicle Towing Investigation The Grand Jury investigated the SBCSD agency’s policies and procedures related to employees purchasing vehicles at lien sales after a vehicle has been impounded by a tow company or after a vehicle had been seized during an investigation. The Grand Jury reviewed the Tow Service Agreements (TSA) between SBCSD sub-stations and tow companies. The TSAs specify the rotation for approved tow yards to be utilized. However, 2014-2015 San Bernardino County Grand Jury – San Bernardino County Sheriff’s Department Aviation and Towing Investigations 114 the TSAs also specifically state “that a station commander, his designee, a supervisor or a scene manager may request tow service outside the normal rotation”. Also, it was discovered that an addendum ( -69) had been added to the prior TSA, revised February 2013. Only one Sheriff’s Station TSA added an addendum ( (a)) to this addendum. This additional addendum stated: “All companies participating in the TSA will no longer be allowed or permitted to sell and or give vehicles, motorcycles, motorized vehicles and or any other property directly related to the towing businesses that are currently enrolled in the TSA to a Sheriff’s department employee and or their immediate family.” The terms of the addendum that were a part of all the prior TSA have been incorporated in the revised TSA. The additional addendum, which was included in only the one station’s TSAs, has been deleted. Vehicle Towing Departmental Policy Addition/Revision was proposed for Section 1.636 Rewards and Gratuities of the SBCSD Manual, in March 2014. The proposed revision was added to the current SBCSD Manual and stated as follows: “In the performance of his duty, Deputy Sheriffs frequently seize the personal property of citizens. The act of seizing another’s property is one of the most invasive and litigated activities by law enforcement. In order to avoid any appearance that a seizure was for personal gain, employees shall not possess property that has been seized by the Department. This includes the purchase of seized property by a third party for an employee’s use.” The California Department of Motor Vehicles (DMV) has specific rules to be followed and forms to be completed for the lien sale of a vehicle, a process which is outlined in the California Civil Code (CCC), §3071 and 3072. As long as the process is followed, there is nothing preventing a tow yard from lien selling a vehicle to whomever they choose. 2014-2015 San Bernardino County Grand Jury – San Bernardino County Sheriff’s Department Aviation and Towing Investigations 115 Aero Squadron The Grand Jury tabulated information from the fuel logs on a spreadsheet cross referencing the refueling dates, the Aero Squadron pilots with their personal aircraft identification numbers, and the amount of fuel obtained. The meeting agendas for the Staff meetings, Unit Meetings (full membership) and the scheduled training dates were reviewed and compared with the refueling dates. The results of the review from July 2012 through June 2014 are as follows:  Aero Squadron Staff Meetings were scheduled every month on the second Wednesday. There were a total of 22 meetings with the exceptions of no agendas provided for October 2012, December 2012, and December 2013. However, two meeting agendas were provided for the month of September for the dates of Monday 9/10/2012 and Wednesday 9/12/2012.  No fuel was recorded to have been dispensed on most of these meeting dates except 8/12/12, 3/13/13, 4/9/14 and 6/11/14 to a total of only four aircraft.  Aero Squadron Unit Meetings (full membership) were scheduled every month on the third Wednesday. There were agendas for 21 meetings. No agendas were provided for November 2012, December 2012 and December 2013.  No fuel was recorded to have been dispensed on all of these meeting dates except one, 1/16/13 to only one aircraft.  The only information on training dates was that they were scheduled for every fourth Saturday of the month. From July 2012 through June 2014 there were twenty-four potential training dates. The fuel records show only fourteen training dates in which fuel was dispensed.  Thirty-seven aircraft were fueled on non-scheduled meeting dates from July 2012 through June 2014. Numerous fuelings were made within days before and after the various scheduled and training dates.  Fifty-six aircraft were fueled on the 14 recorded training dates. This averages to 4 aircraft per training session. If the thirty-seven aircraft that were fueled on the non- 2014-2015 San Bernardino County Grand Jury – San Bernardino County Sheriff’s Department Aviation and Towing Investigations 116 scheduled dates were averaged over the remaining unscheduled ten training dates, this would result in an average of 3.7 aircraft per session. This calculation accounts for all the fuel on the ten unscheduled dates that were rescheduled.  No data is available that points to any misuse of the fueling privilege. FINDINGS Aviation 1. Not all flights are recorded in the Aviation Flight Logs.
No recommendations for this finding

Conclusions 4

Commendations 2