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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
Orange County Grand Jury
• 2011-2012
InVItatIon – to participate in the orange County Grand Jury
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 27 findings
F1
Page 129
Elder abuse reporting has been rising and will probably increase because of a projected expansion in the population partially due to an influx of baby boomers.
No recommendations for this finding
F2
Page 129
Increased oversight would improve coordination and communication among county agencies and departments.
No recommendations for this finding
F3
Page 129
Reviewing procedures in law enforcement agencies, law enforcement academies under Orange County government jurisdiction and the District Attorney’s office could improve recognition of elder abuse
No recommendations for this finding
F4
Page 129
The computer system in the Public Guardian’s Office has been “inadequate for its intended use”17 for many years impacting the ability of the Public Guardian to provide documentation in areas of elder abuse.
No recommendations for this finding
F5
Page 129
A more definitive study is necessary to address four specific concerns within the area of elder abuse: A. Oversight over coordination and communication between agencies; B. Outreach and communication to the general public; C. Review of law enforcement and prosecution; D. Effective Information Technology to manage data flow.
No recommendations for this finding
F6
Page 167
A Consent Order and Decree was issued in 2003 by the State DTSC through which seven companies agreed to take on the task and expense of reclaiming the site;
No recommendations for this finding
F7
Page 167
DTSC-driven ―clean-up‖ began in 2003; 35 1999-2000 Grand Jury Final Report, ET-1 36 Ibid, ET-5. ―[t]he City of Huntington Beach does not assume the degree of responsibility for monitoring the Nesi/Ascon site that seems prudent to the Grand Jury.‖ 2011-2012 Orange County Grand Jury NESI/ASCON STUDY
No recommendations for this finding
F8
Page 168
Final remediation has still not been attained but is expected to be completed in 2015;
No recommendations for this finding
F9
Page 168
―Clean-up‖ is taking an extraordinarily long time to achieve, far longer than originally contemplated.
Related Recommendations (1)
R8
Page 183
The Sheriff should explore the use of video visiting within the various facilities as a way of improving security and reducing staff time to move and supervise inmates. (See F9). 2011-2012 Orange County Grand Jury Detention Facilities Report – Part I - Adult
F10
Page 168
Some neighbors claim that there have been abnormally high numbers of physical and neurological illnesses in nearby housing owing to the toxicity of the site, although Public Health Agency statistics do not appear to bear this out. Such public health statistics have not calmed he fears of some local residents. Responses to Findings 1 through 10 are requested from the City Council of Huntington Beach.
Related Recommendations (1)
R9
Page 184
The study of the Inmate Re-Entry program, currently under way, is scheduled to be completed in 2012. This study should be published, when complete, with a copy to the Grand Jury. (See F10). REQUIREMENTS AND INSTRUCTIONS: The California Penal Code §933 requires any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the agency. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court); except that in the case of a report containing
F11
Page 277
How are the results of these surveys used and who reviews them?
No recommendations for this finding
F12
Page 277
What training programs have been presented to the administration and teachers each school year?
No recommendations for this finding
F13
Page 277
Does your district or your school decide which training programs are recommended for use?
No recommendations for this finding
F14
Page 277
Who decides the actual implementation of these training programs?
No recommendations for this finding
F15
Page 277
Are teacher training programs assessed or evaluated for appropriateness and effectiveness, and if so, by whom and how are the results used?
No recommendations for this finding
F16
Page 277
Did bullying or harassment incidents reports increase or decrease after programs were presented to the students?
No recommendations for this finding
F17
Page 277
Have anti-bullying/anti-harassment incident reports increased or decreased after training programs were completed by the administration and teachers?
No recommendations for this finding
F18
Page 277
What is your school/district‘s protocol for student/teacher incident report entries?
No recommendations for this finding
F19
Page 277
How does your school and/or district determine if a bullying/harassment incident will be included in the formal incident reports? 2011-2012 Orange County Grand Jury Anti-Bullying Programs in Orange Schools County
No recommendations for this finding
F20
Page 278
What additional efforts have the administration and/or teachers implemented on campus or in classrooms to help create an anti- bullying/anti-harassment atmosphere?
No recommendations for this finding
F21
Page 278
If your district suggests the use of anti-bullying/anti-harassment programs how, if at all, are the schools tracked or monitored for program implementation?
No recommendations for this finding
F22
Page 278
Please indicate the person, and/or committee, and/or department that would monitor program implementation.
No recommendations for this finding
F23
Page 278
Mandatory Postings (AB354, Ed Code 234.1 (D) Do you have any anti-bullying/anti-harassment policies posted and where are they? (Office, staff lounge, student gov‘t room, etc.)
No recommendations for this finding
F24
Page 278
Please provide copies of any materials available for students and staff regarding anti-bullying programs. Appendix: C Following is a list of O.C. districts surveyed by mail requesting all anti-bullying/anti- harassment programs/clubs recommended to schools in the district.
No recommendations for this finding
F25
Page 279
Savanna School District
No recommendations for this finding
F26
Page 279
Tustin Unified School District
No recommendations for this finding
F27
Page 279
Westminster School District
No recommendations for this finding
Additional Recommendations 26
These recommendations are not explicitly linked to specific findings.
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R1Page 130By October 1, 2012, the Board of Supervisors should establish a one-year independent, volunteer commission, consisting of private citizens (including members of various oversight committees), to conduct a comprehensive study of the effectiveness of elder abuse resources in Orange County focusing on the following: A. The prevalence of elder abuse and the probable increase in the future; B. The efficacy of individual county agencies and departments; C. Interactions with Orange County agencies/departments and non-profit organizations that provide senior resources; D. The availability of outreach and communication to citizens concerning elder abuse; E. The procedures of law enforcement agencies to investigate reports of abuse; and F. The procedures used by the District Attorney’s office to determine prosecution.
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R2Page 130By October 1, 2012, the Board of Supervisors should direct the Office of the Performance Audit Director to evaluate Adult Protective Services, The Office on Aging, Adult Mental Health Services and The Public Guardian. The evaluation would determine their individual effectiveness; assess their coordination and communication; and discover any overlap in services among them.
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R3Page 130By October 1, 2012, the County Executive Officer should direct the Information Technology Department to evaluate the computer system of The Public Administrator/Public Guardian to insure that this agency has a full capacity to report, coordinate and monitor elder abuse.
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R4Page 130By December 31, 2012, the County Executive Officer should review agencies and departments within his purview to determine if they provide an effective response to elder abuse without any duplication of responsibilities.
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R5Page 130By December 31, 2012, the Sheriff’s Department and city police departments should evaluate and update their programs on responding to elder abuse cases.
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R6Page 130By December 31, 2012, the District Attorney should direct staff to review all procedures for prosecution of elder abuse cases.
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R7Page 130By December 31, 2012, the District Attorney should direct staff to review current information available throughout the country concerning elder abuse in order to design an updated program for prosecution. REQUIREMENTS AND INSTRUCTIONS: In accordance with California Penal Code Sections §933 and §933.05, the 2011-2012 Orange County Grand Jury requires responses from each agency affected by the Findings/Conclusions and Recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. 2011-2012 Orange County Grand Jury Elder Abuse in Orange County “Not later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section §914.1 shall comment to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. (a.) As to each Grand Jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore. (b.) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not warranted or is not reasonable, with an explanation therefore. (c.) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary / 2011-2012 Orange County Grand Jury Elder Abuse in Orange County or personnel matters over which it has some decision making aspects of the findings or recommendations affecting his or her agency or department. (d.) The Board of Supervisors, District Attorney and Sheriff-Coroner are required to respond to findings and recommendations. All other agencies set forth in the matrix are requested to respond. 2011-2012 Orange County Grand Jury Elder Abuse in Orange County Table No. 1 – FINDINGS – RESPONSE MATRIX NAME OF ENTITY F1 F2 F3 F4 F5 COUNTY Adult Mental Health Services: Health Care Agency X X Adult Protective Services: Social Services Agency X X Board of Supervisors X X X County Executive Officer X X X X District Attorney X Office on Aging: OC Community Resources X X Public Guardian: Public Administrator/Public Guardian X LAW ENFORCEMENT AGENCIES: OC Sheriff’s Department: County & Contract Cities X Anaheim Police Department X Brea Police Department X Buena Park Department X Costa Mesa Police Department X Cypress Police Department X Dana Point Police Department X Fountain Valley Police Department X Fullerton Police Department X Garden Grove Police Department X Huntington Beach Police Department X Irvine Police Department X La Habra Police Department X La Palma Police Department X Laguna Beach Police Department X Los Alamitos Police Department X Newport Beach Police Department X Orange Police Department X Placentia Police Department X Santa Ana Police Department X Seal Beach Police Department X Tustin Police Department X Westminster Police Department X 2011-2012 Orange County Grand Jury Elder Abuse in Orange County Table No. 2 – RECOMMENDATIONS – RESPONSE MATRIX NAME OF ENTITY R1 R2 R3 R4 R5 R6 R7 COUNTY Board of Supervisors X X County Executive Officer X X District Attorney X X LAW ENFORCEMENT OC Sheriff’s Department: County & Contract Cities X Anaheim Police Department X Brea Police Department X Buena Park Department X Costa Mesa Police Department X Cypress Police Department X Dana Point Police Department X Fountain Valley Police Department X Fullerton Police Department X Garden Grove Police Department X Huntington Beach Police Department X Irvine Police Department X La Habra Police Department X La Palma Police Department X Laguna Beach Police Department X Los Alamitos Police Department X Newport Beach Police Department X Orange Police Department X Placentia Police Department X Santa Ana Police Department X Seal Beach Police Department X Tustin Police Department X Westminster Police Department X 2011-2012 Orange County Grand Jury Elder Abuse in Orange County
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R10Page 123Are your students surveyed following these programs? If so, how is this done?
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R11Page 123How are the results of these surveys used and who reviews them?
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R12Page 123What training programs have been presented to the administration and teachers each school year?
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R13Page 123Does your district or your school decide which training programs are recommended for use?
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R14Page 123Who decides the actual implementation of these training programs?
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R15Page 123Are teacher training programs assessed or evaluated for appropriateness and effectiveness, and if so, by whom and how are the results used?
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R16Page 124Did bullying or harassment incidents reports increase or decrease after programs were presented to the students?
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R17Page 124Have anti-bullying/anti-harassment incident reports increased or decreased after training programs were completed by the administration and teachers?
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R18Page 124What is your school/district‘s protocol for student/teacher incident report entries?
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R19Page 124How does your school and/or district determine if a bullying/harassment incident will be included in the formal incident reports? 2011-2012 Orange County Grand Jury Anti-Bullying Programs in Orange Schools County
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R20Page 124What additional efforts have the administration and/or teachers implemented on campus or in classrooms to help create an anti- bullying/anti-harassment atmosphere?
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R21Page 124If your district suggests the use of anti-bullying/anti-harassment programs how, if at all, are the schools tracked or monitored for program implementation?
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R22Page 124Please indicate the person, and/or committee, and/or department that would monitor program implementation.
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R23Page 124Mandatory Postings (AB354, Ed Code 234.1 (D) Do you have any anti-bullying/anti-harassment policies posted and where are they? (Office, staff lounge, student gov‘t room, etc.)
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R24Page 124Please provide copies of any materials available for students and staff regarding anti-bullying programs.
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R25Page 125Savanna School District
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R26Page 125Tustin Unified School District
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R27Page 125Westminster School District
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R40Page 153c n I 20 0 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 9 9 9 9 9 0 0 0 0 0 0 0 0 0 0 1 1 9 9 9 9 9 0 0 0 0 0 0 0 0 0 0 0 0 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 2 6 US Bureau of Labor Statistics; CPI Detailed Report; March 2012 2011-2012 Orange County Grand Jury ORANGE COUNTY FIRE AUTHORITY FINDINGS/CONCLUSIONS In accordance with California Penal Code §933 and §933.05, the 2011-2012 Orange County Grand Jury requires responses from each agency affected by the Findings/Conclusions presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its study of the Orange County Fire Authority, the 2011-2012 Orange County Grand Jury makes the following Findings/Conclusions: F1. The costs of labor of the OCFA, excluding benefits, are growing annually almost ten times faster than the increase of personnel and 3.5 faster than the Consumer Price Index-U. F2. Labor agreements of the past have included salary increases of 3 and 4 percent per year while the cost of living represented by the Consumer Price Index-Urban have averaged slightly more than 2.3 percent per year. Future wage increases are based on a “trigger formula” that is tied to the “secured property tax dollar amount” and any “General Fund Surplus/Deficit,” and the average of the top quarter of neighboring non-Authority fire departments. F3. Basing firefighter‟s salaries to the “secured property tax” that are founded primarily on the assessed value of the property served may not be the most economically responsive (or seemly rational to the public) method of calculating wages from a taxpayer perspective. This method produces salaries that do not appear to be compatible with actual wages within the communities they serve. Furthermore, basing salaries on those of neighboring firefighters can result in “spiraling” increases if those agencies base their wages on those of OCFA. F4. Labor agreements for the firefighters that do not appear to reflect the overall economy and finances of the taxpayers and cities they serve may show a deficiency of civic duty of the Directors in making the tough choices and balancing the needs of the citizens that they serve. F5. The terms of office of the Board of Directors (some of which are only a year) appear to be too short for directors to become thoroughly acquainted with the complex operations and finances of this large agency. RECOMMENDATIONS In accordance with California Penal Code §933 and §933.05, the 2011-2012 Orange County Grand Jury requires responses from each agency affected by the Recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its study of the Orange County Fire Authority, the 2011-2012 Orange County Grand Jury makes the following recommendations: 2011-2012 Orange County Grand Jury ORANGE COUNTY FIRE AUTHORITY R1. The OCFA should state on their website how firefighter‟s salaries are based in the past on the OCFA revenue, and currently on the OCFA general fund surplus/deficit rather than on the living costs and financial conditions of the cities and citizens they serve. R2. Prior to entering into or negotiating any labor agreements, the OCFA Board of Directors should ensure that the law of supply and demand or the overall economic health of the communities that they serve is reflected in the salaries and benefits packages. Preferably, methods in determining salaries and benefits, among others, might include: Relating salaries and benefits to what the market will bear, i.e., high applications numbers for a job would usually lead to offering lower salaries and benefits; Tying salaries and benefits to local economic indexes that reflect the economies of the community served. R3. OCFA salaries should be renegotiated annually to reflect the actual economic trends of those citizens they serve as opposed to entering into labor agreement that project salary and benefit increases too far in the future with set increases that do not reflect the unreliable economic volatile future. R4. The OCFA Board of Directors should clarify and explain which part of the current Memorandum of Understanding controls: Article XXIV that sets annual increases through 2015, or the requirement of Article XXIX that requires compatibility with neighboring non-Authority fire departments, and explain the reasoning for that rationale. This should be included on OCFA‟s website under the Memorandum of Understanding. R5. The OCFA Board of Directors should provide and make public both a short-term and long-term plan that brings the labor agreements in line with the living cost of the citizens they serve rather than solely upon the revenues derived from secured property tax of the property and city fees in their realm. R6. If the growth of firefighter‟s salaries is reduced to reflect the economy of the citizens they serve, the OCFA should consider reducing the fees that they charge their contract cities to reflect the change and to be responsive to the financial realities of the cities. R7. The OCFA should consider requiring the terms of office of the directors to be at least two years to provide longer time for continuity of the leadership. REQUIRED RESPONSES In accordance with California Penal Code §933 and §933.05, the 2011-2012 Orange County Grand Jury requires responses from the OCFA and the OCFA Board of Directors to the Findings/Conclusions and Recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. 2011-2012 Orange County Grand Jury ORANGE COUNTY FIRE AUTHORITY “Not later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section §914.1 shall comment to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and commendations…” The Penal Code lists the following response choices for a responding entity: Responses to Findings 1. The respondent agrees with the finding. 2. The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding in dispute and shall include an explanation of the reason. Responses to Recommendations 1. The recommendation has been implemented, with a summary regarding the implemented action. 2. The recommendation has not been implemented, but will be implemented in the future, with a timeframe for implementation. 3. The recommendation requires further analysis, with an explanation of the scope and parameters of that analysis and timeframe. This timeframe shall not exceed six months from the date of publication of the Grand Jury report. 4. The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation. All responses should be received no later than October 1 (unless the agency or department has requested in writing an additional extension). Follow-up is the responsibility of the sitting Grand Jury. 2011-2012 Orange County Grand Jury ORANGE COUNTY FIRE AUTHORITY
Conclusions 28
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CL1Did bullying or harassment incidents reports increase or decrease after programs were presented to the students?
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CL2Have anti-bullying/anti-harassment incident reports increased or decreased after training programs were completed by the administration and teachers?
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CL3What is your school/district‘s protocol for student/teacher incident report entries?
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CL4How does your school and/or district determine if a bullying/harassment incident will be included in the formal incident reports? 2011-2012 Orange County Grand Jury Page 240 Anti-Bullying Programs in Orange Schools County
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CL5What additional efforts have the administration and/or teachers implemented on campus or in classrooms to help create an anti- bullying/anti-harassment atmosphere?
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CL6If your district suggests the use of anti-bullying/anti-harassment programs how, if at all, are the schools tracked or monitored for program implementation?
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CL7Please indicate the person, and/or committee, and/or department that would monitor program implementation.
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CL8Mandatory Postings (AB354, Ed Code 234.1 (D) Do you have any anti-bullying/anti-harassment policies posted and where are they? (Office, staff lounge, student gov‘t room, etc.)
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CL9Please provide copies of any materials available for students and staff regarding anti-bullying programs. Appendix: C Following is a list of O.C. districts surveyed by mail requesting all anti-bullying/anti- harassment programs/clubs recommended to schools in the district.
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CL10Savanna School District
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CL11Tustin Unified School District
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CL12Westminster School District
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CL13May we see/have redacted bullying/harassment incident reports for 2010-2012 and so far this year?
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CL14How many bullying or harassment incidents were reported and recorded in your incident reports for school year 2010-2011?
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CL15How many so far for the current school year?
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CL16What anti-bullying/anti-harassment student programs and clubs have been made available to your school this year and last?
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CL17Are you familiar with the programs GLISEN, BRIDGES, and PBIS? If so, please explain your understanding or knowledge of these programs and their implementation, if any, at your school.
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CL18Does your district or your school decide what anti-bullying/anti-harassment student programs will be offered?
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CL19Who decides on the implementation of these programs?
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CL20What is the frequency of the programs?
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CL21For how many years has your school been offering these programs?
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CL22Are your students surveyed following these programs? If so, how is this done?
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CL23How are the results of these surveys used and who reviews them?
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CL24What training programs have been presented to the administration and teachers each school year?
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CL25Does your district or your school decide which training programs are recommended for use?
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CL26Who decides the actual implementation of these training programs?
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CL27Are teacher training programs assessed or evaluated for appropriateness and effectiveness, and if so, by whom and how are the results used?
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CL28As a result of the Consent Decree and its required studies, the 2005 emergency action, and the completed interim removal measures, the 2011-2012 Grand Jury is pleased to report that, finally, substantial progress has been made in cleaning up almost a century‘s worth of toxic waste cesspools in the middle of an area surrounded, in great part, by a school, park, and residences.35 While progress has been made, it has been painfully slow, and, according to some residents, the lack of speed or feelings of urgency have perhaps been at the expense of the health of some in the nearby community. While the 2011-2012 Grand Jury understands the need for thoroughness and care as well as compliance with State and Federal law on the part of the DTSC and others playing a part in the Nesi-Ascon rehabilitation, it would urge Huntington Beach city officials and its citizens (in the words of our predecessor Jury) to "bring pressure on the appropriate entity"36 to accelerate the clean-up and complete it once and for all.
Comments 1
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CO1All city jails inspected had the requested documentation consisting of: Interviews were conducted with facility management, line staff and some inmates (where available). All were forthcoming and responded to all inquiries by the Grand Jury inspection teams. No facility was found to be understaffed. All were clean and in good operating condition. Individual inspection reports have been or will be sent to each city jail inspected. An Observation Some of the city-operated jails may offer an opportunity to relieve a crowded county jail system by taking sentenced inmates on a contract basis. Several jails were inspected that although currently classified for “temporary holding” could qualify as “Type I” or “Type II” facilities; such a classification would enable them to keep inmates for a longer period of time. This offers the possibility of a revenue source for the cities and the provision of a manpower resource for daily cleaning and maintenance.
Observations 2
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OB1Part of the Central Jail Complex (CJX), the Intake Release Center (IRC), is one of the more volatile operations in the Orange County jail system. At this point, the custody process begins. New arrestees are brought to the center from 2 Sheriff of Orange County from 1947 to 1974 2011-2012 Orange County Grand Jury Page 141 Detention Facilities Report – Part I - Adult the local jails or directly off the streets. Many have physical or mental health issues or are under the influence of drugs and/or alcohol. It is the responsibility of the Sheriff’s custody staff and the Health Care practitioners to assess each prisoner admitted, provide medical care if indicated and classify inmates for the most appropriate housing in the county system. The most recent estimates place the number of bookings processed at this facility at approximately 66,000 each year. The 2011-2012 Grand Jury has reviewed the reports from the District Attorney’s Office investigating the circumstances of each of the four jail deaths that were subjects of the Coroner’s Review on January 31, 2012. The cause of death in one of the four was suicide; the other three were natural causes aggravated by the excessive use of drugs and/or alcohol. These investigations have determined that there was no IRC staff culpability. In the instance of a woman who died from a stroke, there was a potential problem due to the unavailability of a deputy to escort the prisoner to the hospital. The paramedics, however, made the decision to not wait for an escort and rushed the inmate to the hospital without a significant loss of time. A fifth jail death was recently reported and is under investigation by the District Attorney’s office and the Office of Independent Review. IRC in the News Early in 2012, the Orange County Register reported an incident involving a female deputy and a male inmate allegedly engaging in a sexual relationship at the IRC. This matter is currently under internal investigation and further details are not available. Inspection Results Noted during the inspection is that the IRC as well as the other facilities in the Central Jail Complex, do not have a modern, state-of-art video surveillance system. Systems in place are aging analog systems with poor quality and limited access for review. A second observation at IRC is the general environment of the medical intake center. As one of the 2011-2012 Grand Jury members stated: “The immediate feeling when walking into the medical intake center at the IRC was one of abounding confusion. New inmates were literally „herded‟ into the building and seated in a row on a long bench in front of the medical intake center. One by one, each potential inmate was called up to a window that had an open area. Each was asked a variety of personal health questions including information about sexually transmitted disease. All these questions, and all the responses, could be heard by any and all persons seated on the bench as well as the staff inside the workroom. Maintaining confidentiality was not an area of concern.” 2011-2012 Orange County Grand Jury Page 142 Detention Facilities Report – Part I - Adult Men’s Central Jail Figure 2 – 2011 Average Daily Population Men’s Central Jail Inspection Results An observation made at this facility that most likely applies equally to the other jail facilities regards the parallel phone systems. Inmates are allowed to make two types of calls: (1) collect calls through a self-supported system operated via a contract with an outside vendor, and (2) non-collect calls, made free of charge through the regular county phone system. Collect calls are allowed only if made to a party willing to accept the charges or if the inmate has money “on-the-books” specifically designated for telephone calls. Collect calls are monitored by recording the conversations. The non-collect calls are allowed only by court order and are for the sole purpose of allowing confidential conversations between the inmate and his or her attorney. An estimated 20 percent of inmates have this privilege. According to information provided by inmates, the non-collect call privilege is of great value among the inmate population, and it is sometimes exploited by the informal inmate leadership in order to facilitate unmonitored contact with the outside world. It has been reported that inmates have used the unmonitored phone system to arrange for assaults within the jails and to coordinate other criminal activities within the community. If this inmate information is accurate, the 2011- 2012 Grand Jury considers non-collect call exploitation to be a serious threat to the security of staff, inmates, and community. The Men’s Central Jail is the location of County Jail 1 (CJ1), a court facility capable of handling arraignment hearings and other matters on a daily basis. The location of this court reduces the need for the transporting of many inmates, thereby reducing costs and improving safety. As the population of the county jail system increases, a second court would be useful. 2011-2012 Orange County Grand Jury Page 143 Detention Facilities Report – Part I - Adult Theo Lacy Figure 3 – 2011 Average Daily Population
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OB2A substantial portion of the Theo Lacy population consists of illegal immigrants detained at the request of the Immigration Control Enforcement (ICE). Since the federal government pays for these beds (“beds-for-feds”), the program has become a revenue producer for the Sheriff’s Department. Un- fortunately, the increased demand for jail beds resulting from the prison realignment legislation (AB 109) has the potential to significantly reduce the number of beds available. Inspection Results Just prior to the second visit to Theo Lacy by the Grand Jury, an escape occurred. Since an escape is a highly unusual event, the 2011-2012 Grand Jury inspection group reviewed the matter in some detail with the jail commander. The inmate who escaped was apprehended after a short absence and the security weakness exposed by the incident has been corrected. It was at one of the barracks at Theo Lacy that the Chamberlain incident occurred. While the “blind spot” that existed in 2006 has been eliminated, these facilities remain a challenge for effective inmate supervision. Care must be exercised in classification and assignment of inmates to these units. Video Visitation It is noted that none of the facilities in the Orange County jail system use video visiting. The Grand Jury believes that this technology offers an improved means to expand visiting opportunities and increase control over the visiting procedure 2011-2012 Orange County Grand Jury Page 144 Detention Facilities Report – Part I - Adult James A Musick Figure 4 – 2011 Average Daily Population Inspection Results The Grand Jury inspection group noted no deficiencies at this facility. Its location seems to be the long-range solution to threats of overcrowding because of the prison realignment program. A jail expansion program has been planned for several years but has yet to be finalized because of perceived citizen concerns in the community. Office of Independent Review The Orange County Office of Independent Review was established in September 2008. Based on a Los Angeles County model, from whence the current director came, its stated purpose is ”to monitor, assist and advise the Orange County Sheriff’s Department in investigations of alleged officer misconduct and reviews of critical incidents including officer-involved shootings and in- custody deaths.” Recommended and strongly supported by the Sheriff, the Director of this office has had difficulty in satisfying the Board of Supervisors (BOS). The 2011-2012 Grand Jury has had several conversations with the Director and has made several requests for information that have always been quickly provided. In preparation for the jail inspections and evaluation of the results, the information he has provided and his perspective on issues have been appreciated. The 2011-2012 Grand Jury questions, however, his placement in the County organization. The reality of reporting to five elected officials (BOS) seems contrary to sound organizational structure. There is no clear-cut line of authority; thus expectations are ambiguous and results difficult to measure. The 2011-2012 Grand Jury also questions his physical office location. The impression that he is imbedded with the Orange County Sheriff’s Department (OCSD) is reinforced by the fact that his office is located in the OCSD Headquarters and daily contacts are with OCSD personnel. 2011-2012 Orange County Grand Jury Page 145 Detention Facilities Report – Part I - Adult Inmate Welfare Services Title 15 establishes minimum jail standards including the requirement that inmate services and programs related to rehabilitation opportunities be available to all eligible inmates. In Orange County the Inmate Welfare Fund provides most inmate programs without cost to the taxpayers. Financed primarily through revenue from inmate commissary purchases, telephone commissions, and education contracts with the Rancho Santiago Community College District, the Welfare Inmate Services program: Provides inmates an opportunity to attend classes to obtain a General Education Development Certificate; Offers continuing education classes that include improvement in English skills and U.S. Government classes; Provides a means to expand vocational education classes to train inmates to work in various occupations upon release; and Provides legal research assistance to inmates upon request. These services are important to the effective management of an institution in more ways than one. In addition to the altruistic motive of providing educational and self-improvement opportunities to the inmates, the privileges become an important tool in the disciplinary process. As one facility commander observed, “if the inmate has no privileges, you have nothing to take away.” The Inmate Re-Entry Program Based on a concept originating in 2005, this program has been developed into a comprehensive system involving several agencies. Managed by the Inmate Services Division of the Orange County Sheriff’s Department, Custody Operations Command, the program is focused on helping the newly released inmate stay out of jail. The process begins with an assessment interview and counseling while the inmate is in custody and continues after release. A resource center provides facilitators to assist ex-inmates with locating job opportunities, filling out job applications and contacting community assistance providers. This program has received national recognition by the United States Department of Justice and National Institute of Corrections and has received a grant for staff training. Preliminary estimates have determined that the recidivism rate for participants is less than ten percent. A full study is under way with results expected later in 2012. 2011-2012 Orange County Grand Jury Page 146 Detention Facilities Report – Part I - Adult Local Jail Inspections In addition to the County Jails, the Grand Jury inspected the seven city operated jails listed below: Anaheim Buena Park Costa Mesa Fullerton Seal Beach Tustin Westminster