Transparency - Open Meeting LAW

The County may have prevented the occurrence of a significant overpayment discrepancy provided the appropriate quality controls were in place at the time. However, there is no evidence to support intentional impropriety. The complainant had equal opportunity to register concerns regarding the additional monies received. As such, attachment B of California Constitution, Article 16, Public Finance, and Section 6, previously referenced in this report, stands as the deciding factor in determining the complainant’s obligation to reimburse the County.

The County has since required its employees, specifically in departments where the overpayments and underpayments occurred, to acknowledge by signature verification per Tulare County Section 125 Participation Form. This form outlines the terms and expectations for both County officials and employees pertaining to the deduction of premiums and/or fees from employee paychecks. CONCLUSION: The complainant is required to repay the county.

For fiscal years 2010-2013, First 5 Tulare County Program Report Interpretations on the Local Annual Report were not consistent leading to errors in the Cost per Client.

Due to variables in traffic and rider demand, it is not always possible to arrive as scheduled. As per transit staff, due to riders setting their schedules based on bus arrivals, riders may miss their bus if it arrives and leaves earlier than published schedule.

Research indicates that the negative impacts of truancy falls on disadvantaged children disproportionately. This worsens the prtohbelier mSA toR TBu lCaroem Cmoiutntetey msceheotoinlsg isn. light of the socio-economic conditions existing throughout the County.

Several schools the Grand Jury visited are in the process of completing their LCAP goals and action plans.

One school district had a truant student that missed in excess of 300 days in a three year time period, grades 6R –3 8.. discretion to increase pressure on parents/guardians to fulfill their legal

Presently, there are no food concessions or amusement rides within the park or museums.

Council Packets are generally available not less than 72 hours prior to a regular meeting. The packet usually contains the agenda, copies of legislation and background material which have been distributed to the council. These packets are available for public inspection at the council offices.

The various City Councils meet each month as follows: Incorporated City & Location Meeting Schedule Dinuba – 405 East El Monte Way 2nd and 4th Tuesday @ 6:00 pm Exeter – 137 North F Street 2nd and 4th Tuesday @ 7:00 pm Farmersville – 909 West Visalia Road 2 nd and 4th Monday @ 7:00 pm Lindsay – 251 Honolulu Street 2nd and 4th Tuesday @ 6:00 pm Porterville – 291 Main Street 1st and 3rd Tuesday @ 6:30 pm Tulare – 491 North M Street in City Library 1st and 3rd Tuesday @ 7:00 pm Visalia – 707 West Acequia Avenue 1st and 3rd Monday @ 7:00 pm Woodlake – 350 North Valencia Blvd 2nd and 4th Monday @ 6:30 pm 11 Session" rather than "Regular as those for Regular Sessions. Regular Session certify the record and ve

Special Meetings – In order to comply with the Open Door law, the Clerk notifies the Council and the press of Special Meetings by mail, phone, or by personal delivery at least 24 hours before the meeting. However, if the meeting is held because of an emergency, notice to the media must be given at the same time and in the same manner as it is given to the Council. The agenda will state “Special Session” rather than “Regular Session” and the minutes are kept in the same manner as those for Regular Sessions.

Executive Meetings – Executive Sessions are an exception to the general rule that all meetings are open to the public. The Open Door statute allows these closed meetings in a few specific instances where privacy serves the public interest - i.e. to discuss pending litigation, selecting a site for a project, personnel matters, etc. The requirements for notification of Executive Sessions are generally the same as for Special Sessions, except that the notice must cite the statutory basis for holding the closed meeting. The Council must also keep a record of the meeting and at the next Regular Session certify the record and verify that no matters other than those enumerated in the notice were discussed.

City councils have broad powers to write ordinances in any area that does not impinge upon county ordinances, state or federal laws and regulations.

Ordinance – An ordinance is a municipal law that continues in effect until repealed. Two readings are required prior to an ordinance being approved. The first reading occurs when an ordinance is introduced by staff, with background and reason for recommendation. The staff brings the ordinance back to council for adoption at a second meeting. The ordinance takes effect after 30 days once adopted.

Resolution – A resolution differs from an ordinance. It is non-legislative action, less formal, and deals with special or temporary matters, usually relating to a statement of policy regarding the administrative business of the city.

Meetings are generally conducted in the following order (if applicable, order of closed sessions may vary): a. Call to Order b. Public Comment c. Consent Calendar d. Regular Session e. Adjournment

A critical duty for the city council is to select and hire the top administrators for the city, such as the city manager, chief of police, etc.

City staff assist City Council members in identifying and qualifying candidates for employment, preparing for meetings, drafting resolutions, ordinances, and regulations. 12

The following chart is a summary by the Grand Jury of their visits to each of the seven incorporated City Council meetings: eight incorporated City Council meetings: 13 yasdniL yasdniL ellivsremraF ellivsremraF retexE retexE abuniD abuniD noitacoL 51/42/20 41/42/80 51/32/20 41/52/80 51/42/20 41/82/01 41/32/90 41/62/80 etaD gniteeM 5 5 5 5 5 5 5 5 oN deriuqeR draoB fo srebmeM 5 5 4 5 5 4 3 3 draoB fo oN ni srebmeM ecnadnettA seY seY seY seY seY seY oN oN gniteem diD emit no trats seY seY seY seY seY seY seY seY adnegA ot elbaliava seednetta lla seY seY seY seY seY seY seY seY ereht saW cilbuP tnemmoC emiT dooG yltsoM dooG yreV & lanoisseforP dexaleR dexaleR yldneirF lanoisseforP dexaleR fo ronaemeD ekil-ssenisuB draoB srebmeM seY yltsoM seY seY seY seY seY seY draoB saW lbaegdelwonk e seY seY seY seY seY seY seY seY draoB saW ot suoetruoc enoyreve llA ta toN seY oN seY seY oN seY oN esu draoB diD senohporcim seY seY seY oN seY seY seY oN draoB diD eht ot kcits adnegA seY oN oN seY oN oN oN oN draoB diD ecudortni no ton smeti adnegA eht 14 ellivretroP ellivretroP noitacoL 41/61/90 41/20/90 etaD gniteeM 5 5 oN deriuqeR draoB fo srebmeM 3 3 draoB fo oN ni srebmeM ecnadnettA oN seY gniteem diD emit no trats seY seY adnegA ot elbaliava seednetta lla seY seY ereht saW cilbuP tnemmoC emiT lanoisseforP lanoisseforP fo ronaemeD draoB srebmeM yllareneG yllareneG draoB saW lbaegdelwonk e yltsoM yltsoM draoB saW ot suoetruoc enoyreve seY seY esu draoB diD senohporcim seY seY draoB diD eht ot kcits adnegA seY seY draoB diD ecudortni no ton smeti adnegA eht Disclaimer ekaldooW ekaldooW ailasiV ailasiV 41/52/80 41/11/80 41/30/11 41/80/80 5 5 5 5 4 3 5 5 seY seY seY seY seY seY seY seY seY seY seY seY dexaleR ekil-ssenisuB dooG dooG seY seY seY seY seY seY seY seY seY seY seY seY seY seY seY seY oN oN oN oN Disclaimer Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Section 911, 924.1 (a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Section 924.2 and 929). COUNTY EMPLOYEE OVERPAYMENT: THE GIFT OF GIVING BACKGROUND: A gift is defined as something voluntarily transferred by an individual or entity to another individual or entity without compensation; whereas compensation is payment that constitutes an equivalent or recompense as for a service rendered or damage incurred. Attachment B of California Constitution, Article 16, Public Finance, and Section 6 stipulates: The legislature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of the State, or of any county, city and county, city, township or other political corporation or subdivision of the State now existing, or that may be hereafter established, in aid of or to any person, association, or corporation, whether municipal or otherwise, or to pledge the credit thereof, in any manner whatever, for the payment of the liabilities of any individual, association, municipal or other corporation whatever; nor shall it have power to make any gift or authorize the making of any gift, of any public money or thing of value to any individual, municipal or other corporation... REASON FOR INVESTIGATION: A citizen’s complaint of unfair treatment by a Tulare County Governmental Agency (County) was received by the Tulare County Grand Jury (Grand Jury) for investigation and resolution, pursuant to California Penal Code §925 and §925a. The specifics of the complaint alleged unfair treatment due to a County demand for repayment of monies that were incorrectly overpaid to the complainant. Sixty nine pay periods had elapsed before the complainant, and approximately 110 additional employees, were notified of either overpayments or underpayments. Due to the significant length of time that had transpired before the complainant’s notification of demand for repayment totaling over $3,000.00, the complainant claimed to have been wronged because there was no initial notification that the “benefit amount was going to change.” The complainant also said that if there had been proper communication regarding a benefit change “I could have asked questions or disputed it at that time.” The complainant believes the County should have had more proactive oversight that would have precluded the need for a substantial payback. As a result, the complainant had asked for relief, citing the County’s lack of accountability and transparency in the matter. County administrative personnel explained during an interview with the Grand Jury that previous budget cuts had negatively impacted the quality of accounting standards and controls. According to County personnel these problems have been resolved. METHOD OF INVESTIGATION: The Grand Jury began its inquiry by scheduling interviews with the complainant, an administrator, and several accountant/auditors, in addition to obtaining pertinent data for review. In addition to interviews with County administrative and accounting personnel, the Grand Jury reviewed applicable California Government Codes. Upon request, the County submitted pertinent documents to the Grand Jury for further review. FACTS:

TCOE operates programs designed to meet the full range of needs for mildly handicapped to profoundly handicapped students. Services provided by these programs can range from Designated Instructional Services (DIS) – which supplement regular classroom instruction – to Special Day Classes (SDC) for students whose needs call for modified curriculum.

TCOE also provides home or hospital instruction as well as residential private placement.

In additional to those programs/services noted above, TCOE also provides: a. The Bright Start Parent/Infant Program which serves children from birth to age 3 who have, or are at risk of having, disabilities. b. Educational services to at-risk students who attend Court and Community Schools and to incarcerated youth. c. Special education services for developmentally disabled students throughout the County.

The graph presented below depicts the allocation of TCOE’s Special Education funding for the 2014-2015 school year. (see chart 23) FINDING: F1. The 60 day initial evaluation process of students having special education needs may be overly lengthy.

The following teen pregnancy prevention programs were in place at the schools the Grand Jury visited: a. Positive Prevention Plus Supplemental Program b. Choices Prevention Program c. Health Science Adolescent Center for Disease Control d. California State National Health Standards e. Safe – Jim Sullivan Prevention Program

When asked by the Grand Jury, school personnel outlined factors which seem to affect the teenage pregnancy issue: 68 a. Limited Education - Student Dropouts b. Family Structure – Single Parents, Drug or Alcohol Issues c. Economics – Below poverty level d. Social Media – Movies, Internet usage, etc. e. Television Programs – “Teen Mom” and “16 and Pregnant”

School personnel identified a wide disparity in race and ethnicity, with rates among both African Americans and Hispanic teens remaining twice as high as other ethnic groups.

School personnel interviewed by the Grand Jury expressed their concerns that not enough parents were talking to their teenagers about pregnancies because they felt uncomfortable discussing the topic. Therefore, these parents felt the schools should handle this topic because of the training teachers received in that specific area.

School staff indicated that they did not provide counseling to young women facing an unintended pregnancy. School personnel did encourage the young women to talk to their parents and to stay in school. FINDINGS: F1. The majority of teen pregnancies in Tulare County are occurring with mothers 18-19 years of age. While still included in teen demographics, this age group is also considered adults. F2. While having a significantly higher rate than the state average, teen pregnancy rates have been steadily dropping in Tulare County. F3. The HHSA has numerous programs in place for pregnant teens and teen mothers. The majority of these programs assist teens after they are pregnant. Less focus was apparent in teen pregnancy prevention. F4. Although it may be difficult to prove a direct link, it is widely recognized that economic inequality, social marginalization and other structural factors affect teens’ sexual behavior patterns. How these behaviors are linked with teens’ race or ethnicity, educational achievements or family income is difficult to prove. F5. There was a wide disparity in race and ethnicity, with rates among both African Americans and Hispanic teens remaining twice as high as among other ethnic groups.

The following chart represents a summary of the total Actual Revenue, total Expenditures/ The following chart represents a summary of the total Actual Revenue, total Appropriations and Net Cost for the Office of the District Attorney for Fiscal Years 2011 – 2013: Expenditures/Appropriations and Net Cost for Fiscal Years 2011 – 2013: Section Total 2011 2012 2013-Estimated Total Revenue 33,.555599,,552255 2,582,209 3,104,808 Total 17,312,425 16,269,317 16,269,317 Expenditures/Appropriations Net Cost 13,752,099 13,164,509 13,164,509 FINDINGS: F1. A portion of the Tulare County community is not aware of the operations of the Office of the District Attorney. F2. The Tulare County community has a right to know about the cases in the Tulare County co6u rt system. REQUIRED RESPONSES: