San Joaquin County Grand Jury • 2008-2009

San Joaquin County Rand Ury

Published: June 15, 2009 101 pages Consolidated Report
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Findings 14 findings

F1
The overcrowding problem that was addressed in the 2007/2008 San Joaquin County report continues. The continued use of the gymnasium as a large, open dormitory and the use of former day rooms for inmate housing is evidence of the problem. The issue of overcrowding within the prison system is currently under review by the Federal Court as part of the Plata and Coleman litigation against the CDCR. 5
F2
3. Adopt viable contingency plans to maintain the current daily cost for prisoner meals and minimum jail standards in the event that it becomes necessary to close the main kitchen due to mechanical/health problems. RESPONSE REQUIRED Pursuant to Section 933.05 of the California Penal Code: The San Joaquin County Sheriff shall report to the Presiding Judge of the San Joaquin County Superior Court, in writing and within 60 days of publication of this report, with a response as follows: As to each finding in the report a response indicating one of the following: a. The respondent agrees with the finding. b. The respondent disagrees with the finding, with an explanation of the reasons therefore. As to each recommendation, a response indicating one of the following: a. The recommendation has been implemented, with a summary of the action taken. b. The recommendation has not yet been implemented, but will be with a time frame for implementation. c. The recommendation requires further analysis, with an explanation of the scope of analysis and a time frame not to exceed six (6) months. d. The recommendation will not be implemented, with an explanation therefore. F -U OLLOW P R EPORTS San Joaquin County Grand Jury SAN JOAQUIN REGIONAL TRANSIT DISTRICT 2008/2009 San Joaquin County Grand Jury Case No. 01-08A FOLLOW UP FINAL REPORT SUMMARY The 2008/2009 San Joaquin County Grand Jury chose to follow up on prior year Case 07-07, San Joaquin Regional Transit District (RTD). The Grand Jury wanted to determine if RTD had corrected problems of the past and were making informed decisions for the District. The RTD Board of Directors responded to the 2007/2008 Grand Jury report by disagreeing or partially disagreeing with 14 of the 20 Grand Jury findings. However, all 15 recommendations have been implemented. BACKGROUND The 2007/2008 Civil Grand Jury received a complaint containing several issues of concern regarding RTD. The complaint alleged there were many improper management practices and a full investigation was justified. A preliminary examination revealed there was a solid basis for the complaint. With approximately 140 employees and 130 revenue vehicles, RTD provides public transit services in the Stockton Metropolitan area, as well as intercity, interregional and rural areas. The service area population is approximately 545,000 with a District budget of approximately $40,000,000. Major sources of funding are fares (20%), taxpayer funding, and grants from the State of California and the Federal Government. METHOD OF INVESTIGATION Materials Reviewed • Consultant contracts • Labor consultant invoices • Contracts involving retainers • Labor consultant deliverables • Disposition of the RTD police vehicle 10 • American Express credit card statements • Procurement Contract Manager’s contract • Contract and payroll records for security guards • Purchase card records for movie ticket purchases • Contracts awarded by the General Manager/CEO as presented to the RTD Board Interviews Conducted RTD General Manager/CEO FINDINGS 1. The Procurement Department, in coordination with the Accounts Receivable and Accounts Payable Departments, has implemented a process to assure that deliverables are received and correctly invoiced before payment is made. 2. Itemization of consultant deliverables continues to be inadequate. 3. When questioned about the potential improper use of RTD funds for employee gifts, RTD stated that “Personal use would be a use that does not in any way relate to the business or work of RTD, and would be for the non-business benefit of an individual, and consequently have no business purpose.” However, movie tickets continue to be purchased with RTD funds as gifts for employees and to recognize birthdays. 4. A part-time labor relations consultant, being paid approximately $6,000 per month, is still under contract for his fifth consecutive year. 5. RTD procurement staff conducted a comprehensive assessment of all current consultants and positions to analyze their continued benefit to RTD. This analysis has resulted in a reduction of consultants and RTD management staff at a cost savings of over $400,000 for the current fiscal year. 6. Budgeting excessive amounts for expenses, such as legal services ($960,000) and two security staff ($200,000), may influence the entire budget process and could result in unnecessary increased fares and cuts in services. 7. A new police pursuit vehicle was purchased in 2006 and was never utilized. In 2009, the vehicle, with 20 miles on the odometer, was provided to the Stockton Unified School District in exchange for police/security services at the Downtown Transit Station. 11
F3
The recent implementation of the State Offender Management Systems (SOMS) centralized Inmate Trust Accounts. Inmates no longer have to wait for their trust accounts to be transferred when the inmate moves from the sending institution to the receiving institution. The implementation of the SOMS should significantly reduce the many questions to staff and inmate appeals regarding inmate trust accounts.
F4
Two DVI inmate escapes within the last year can be traced directly to the failure of staff and/or inadequate release procedures. In the first case, an inmate was released on parole earlier than he should have been, due to one or more errors in calculating his release date. In the second case, two inmates who were related conspired so that one inmate could successfully represent himself as the other. This conspiracy resulted in a mistaken-identity release.
F5
Although DVI has improved its procedure for reviewing files and interviewing inmates, it is impossible to ensure that available staff with be personally acquainted with inmates to the extent that every inmate’s identity will be known to the releasing staff. Electronic fingerprint scan hardware and software is available for scanning state and/or local databases to positively identify inmates prior to release.
F6
Budgeting excessive amounts for expenses, such as legal services ($960,000) and two security staff ($200,000), may influence the entire budget process and could result in unnecessary increased fares and cuts in services.
F7
A new police pursuit vehicle was purchased in 2006 and was never utilized. In 2009, the vehicle, with 20 miles on the odometer, was provided to the Stockton Unified School District in exchange for police/security services at the Downtown Transit Station. 11
F8
This Grand Jury recommends that the Citizens’ Bond Oversight Committee question all changes in projects selected for funding, project plans, or delays in construction. This is a precautionary measure to ensure that Measure L funds are not being wasted. Former Board of Trustees Response: This recommendation is being implemented. 2008/2009 Grand Jury Finding: The Committee has access to much-improved Measure L Team (bond management staff) reports to aid the review. However, the Committee does not exercise its full authority as described in Section 15278 of the Education Code. The Committee appears somewhat restrained by the Bylaws and continues to review expenditures months after they occur.
F9
The Citizens’ Bond Oversight Committee to ensure that all aspects of the Brown Act are adhered to in order to give the public a clear picture of the committees’ workings. The Grand Jury believes that the Brown Act ensures a transparent democracy. The violation of the Brown Act cannot be tolerated. Former Board of Trustees Response: This recommendation has been implemented. 2008/2009 Grand Jury Finding: The only Brown Act violation observed by Jurors was minor. Meeting agenda were posted 72 hours in advance of the meeting, but not at a location accessible 24 hours a day. The Administration is taking steps to comply. 10. (No recommendation #10 from the 2008/2009 Grand Jury) 2008/2009 Grand Jury Finding: The Board of Trustees recently established a policy of self-evaluation for Trustees and periodic evaluation of the Superintendent/President. Regular evaluations of performance are the basis of improvement and positive corrective actions. Implementation of the new policy will unify the Board and Administration and help prevent problems of the past.
F10
Update the parking assignments at least monthly. City of Stockton Response: The recommendation will be implemented in 90 days. 2008/2009 Grand Jury Finding: CPD has implemented this recommendation. Parking assignments are updated weekly.
F11
Develop a backup system for the computer that tracks the automated garages. Have the IT department develop a disaster recovery procedure in the event of a catastrophic failure. City of Stockton Response: The recommendation will be implemented in 90 days. 2008/2009 Grand Jury Finding: CPD has partially implemented this recommendation by performing routine backups to a separate hard drive. Nightly backups to a City of Stockton server have been delayed due to budget constraints. The City anticipates a twelve month delay before the recommendation will be fully implemented.
F12
Insure that all programs are operated on a secure server not accessible by other departments. City of Stockton Response: The recommendation has been implemented. All programs are now operated on a secure server and only accessible by Central Parking District staff. 2008/2009 Grand Jury Finding: CPD has partially implemented this recommendation. Most complex programs reside on a secure server with limited access. Some critical data resides on password protected personal computers and is backed up on a separate hard drive.
F13
Develop a program that allows online applications, payments, and issuance of parking passes to accommodate anticipated future growth. City of Stockton Response: The recommendation requires further analysis. The City’s Information Technology Director is now researching software programs to replace the City’s existing financial management software. Central Parking District staff will work with the Information Technology Director to investigate available technology to implement an on-line program that will allow for on-line applications, payments and issuance of parking passes. Staff will work to accomplish this within six months, although the City’s process, as well as identifying a funding source, may result in additional time to install the program, train staff to use the new software, etc. 23 2008/2009 Grand Jury Finding: CPD has partially implemented this recommendation. Much of the application, notification and complaint process are available on line. Payments are billed automatically. However, the City of Stockton operates eighteen year-old financial software that has no provision for online payment. 14. (No recommendation #14 from the 2007/2008 Grand Jury) 2008/2009 Grand Jury Finding: A large number of unused parking spaces in highly utilized structures exist on any given day. Most unused parking spaces are sold to individuals and government departments who choose not to use them on a particular day. Grand Jurors regularly observed one structure that never operated at greater than 75% capacity.
F14
In 2008 the Authority received a favorable Public Housing Assessment (PHA) score on the physical condition of its properties.

Recommendations 14

Conclusions 3

Observations 14