This Final Report HAS Been Reviewed and Unanimously Approved by the

Note: Missing finding numbers detected: F7, F8, F17, F20

Commendations 58

• CM1 Page 55
  This writer concurs with the information in Finding Seven.
• CM2 Page 55
  The information contained in Finding Eight is accurate. Findings – Iris Garrett Juvenile Justice Correctional Complex 1. Relative to Finding One it should be noted the total cost for the new Iris Garrett Juvenile Justice Correctional Complex was $23 million which included planning, assessments, Architectural fees, Engineering fees, Construction Management fees and the cost of actual construction.
• CM3 Page 59
  I have been acting on her behalf since that time. In response to the findings: • We currently employ 6 groundskeepers, 2 office staff personnel and myself (grounds supervisor). We have been working at this level since about July/August of 2004. The board f trustees made a decision to cut the grounds crew down to 7 from 10. We are in the process of possibly brining on 1 more grounds men. I am waiting for the board of trustees to pass the next budget to determine if it feasible to do so. We currently utilize all of the extra – help personal to help with the duties here at the Cemetery. • We have made every effort to make sure all notices pertaining to public meetings have been posted at least 72 hours in advance. We have not received any complaints to the contrary that I am aware of. We have not asked for nor required a signature to any person requesting public meeting minutes or admittance to a public meeting. • I cannot personally address the issue of term limits for board members • The fee increase in regards to burials has remained. During my time as acting superintendent I have not received nor heard any complaints about the prices. • In General, the overall public relation issues have improved dramatically. We currently receive a lot of positive feedback from the general public, Funeral Home Directors, The Friends of the Cemetery Members and admitted long time complainers. There is always more work to be done, but we have worked tirelessly at improving the overall appearance and image of the Merced Cemetery District. • All but two gates at Calvary Cemetery have been reopened. The last gate on Highway 59 south, closest to Childs Avenue, will remain closed indefinitely for obvious safety reasons. We will reopen the last gate sometime early in July, 2005. • Vandalism and theft is unpredictable, but has seemed to slow down this past new year. We have not had any major items lost or stolen in quite some time. This is do largely to two new higher security steel cargo containers purchased in the past year and a much more diligent and responsible work crew. • We currently have alarms on our main shop buildings and maintenance yards but not on our main office building. I agree that we should have some type of alarm system. I will look into this matter. • We currently, and for the last year and a half, Keep all vehicles and equipment maintained and serviced on a regular schedule. This is done primarily by one of our staff designated as mechanic. Some larger repair and service requirements are sent out. We keep all records of any service or repair performed on all equipment. • I am currently in the process of trying a couple of Cemetery software programs that will help organize the Cemetery operations. One of our board members has been a huge proponent of 59 computerizing all record keeping. The current software demos I am looking at are Cemtrak and Pontem. Both appear to be viable options at this point. It is just a matter of settling on one. Grand Jury Follow-up: BOARD OF SUPERVISORS AND COUNTY EXECUTIVE OFFICER Complaint # 03-04-03 Grand Jury recommendation: The County Executive Officer should take responsibility to avoid excess waste. Clear directives should have been given to all Department Heads to phase out old logo prior to use of the new logo. It would have been cost effective to use old existing logo paperwork prior to implementation of new logo. Board of Supervisors’ travel must have justification. Due to the budget crisis the Board of Supervisors needs to be more fiscally responsible. The Board of Supervisors’ needs to remember that they are elected officials whose job is to serve the people of Merced County. It is totally inappropriate to give upper management raises while laying off hard working individuals. Commendations: The Grand Jury commends the Merced County employees for their diligence in reporting waste and negligence within Merced County. The Grand Jury commends those departments that continued using the old logo material until it was depleted. The Grand Jury commends Stephen Jones Auditor/Controller for his honesty in regards to the logo change. Response: This is a response to the Grand Jury Report regarding the new County logo, and employee compensation plan, and Board of Supervisor’s travel, found on pages 22 and 23 or the selected reviews section (Complaint #03-04-03). The Report includes findings and recommendations referring to the County Executive Office and the Board of Supervisors. New County Logo: The County Executive Office is committed to preserving the County’s stability by ensuring that all spending is appropriate and that unnecessary wastes are avoided. The new County logo was developed in connection with a new mission statement committing the organization to a new level of service and professionalism. In order to ensure a cost effective implementation of the new logo, it was electronically incorporated into each department’s letterhead to provide the ability to print documents directly from their computers without ordering pre-printed stock. In addition, departments were requested, during an all department head meeting, to phase out their old stock prior to using the new logo. At the same time, the new logo was being implemented, the United States Post Office was changing requirements for presort mail which receives reduced rates. Therefore, many departments were ordering new envelope stock to incorporate these new requirements. This may have created some confusion over the amount of expenditures mentioned in the Grand Jury’s Report related to the ordering of supplies. 60 Employee Compensation Plan: In order to meet the changing needs and growth within the community, the county is evaluating its business practices, which includes the type and delivery of services provided to the community. One of the business practices considered was compensation plan that would require employees to perform and not just show up to work. The proposed pay-for- performance plan would have done away with annual cost of living adjustments and required employees to meet and exceed certain standards in order to receive any future increases in compensation. If an employee did not strive to help the organization excel to the meet the needs of the community, they would not receive any increase in compensation the next year. Since the proposed plan would have been a significant change in business practices, it was proposed to be implemented in phases. The first phase considered department heads with phasing in the remaining employees. The pay-for-performance plan was not implemented, and the Board of Supervisors did not approve a salary increases for any employees while considering the proposed pay-for- performance plan. Board of Supervisor Travel: The Grand Jury Report includes findings that the Board of Supervisors’ travel habits are not excessive. The Board members serve the interest of their constituents, and are always conscientious about ensuring that travel expenses are incurred only when necessary and when justifiable. Board travel may be necessary for variety of reasons, including but not limited to, advocating for new legislation or county issues, researching funding opportunities, finding better ways of doing business and for training. Board members continue to be fiscally responsible by evaluating the necessity of all travel. Grand Jury Follow-up: Grand Jury accepts the response. COUNTY OF MERCED EXECUTIVE OFFICER DEMETRIOS TATUM CLOSING OF CENTRAL DUPLICATING DEPARTMENT Complaint #03-04-02 Response: This is a response to the Grand Jury Report regarding the closing of the Central Duplicating Department, found on pages 24 and 25 or the selected reviews section (Complaint #03-04-02). The Report includes findings and recommendations referring to the County Executive Office. The County Executive Office concurs with the findings of the Grand Jury that the closing of the Central Duplicating Department was necessary due to the cost and quality of the product. The need for accurate and quality mate4rials required the County to look at other more reliable and cost effective alternatives. The County Executive Office is charged with ensuring that services is as premier as what is expected from all County Departments and employees. Grand Jury Follow-up: Grand Jury accepts the response. MERCED COLLEGE POLICE DEPARTMENT Complaint #03-04-11 Grand Jury recommendation: At this time the MC Police Department does not receive money for provided services. All services rendered are to be prepaid at Student Fees. Student Fees has a computerized program for receiving 61 money, which provides a receipt. This process should be implemented throughout the College for consistency and record keeping, should other departments initiate the collection of fees for services. There should be a Policy and Procedure manual developed regarding revenue collection. Supervisors and employees should be shown the proper way to complete time cards, so there is no need to adjust them. Time cards should reflect the actual number of hours that an employee works each week. Compensatory hours worked should be reflected on the time sheet, and should be taken at the employee’s discretion, subject to the approval of his or her immediate supervisor. DRMS equipment should only be assigned to employees of the MC Police Department and should be left at the College. This eliminates the need for employees to take equipment home and insures the return of the equipment when the employee vacates their position from the department. DRMS equipment should be stored in a more accessible location and free from exposure to elements. Equipment should be used on a regular basis during training and disaster drills. Maintenance of equipment should be done on a semi-annual basis. An inventory should be conducted annually on the DRMS equipment. The supervisors from Merced County Sheriff’s Department should be more accessible to the College police and should have regular hours on campus. Administration and the Board of Trustees should give serious consideration to allowing all police officers with the proper qualifications to issue moving traffic violations on campus sites. This would address safety issues raised by violators. Monthly staff meetings should be held at the MC Police Department and should include immediate supervisor, management, and Dr. Larry Johnson. A quality assurance advisory committee should be developed to allow better communications and problem solving. The committee should include, but not be limited to, management, police department staff, faculty and students. Dr. Johnson should report verbally and in writing to the Board of Trustees monthly regarding the progress at the MC Police Department. Extra help employees should be issued parking permits on a semester basis. This alleviates the need for them to pay the daily or semester parking fee. Response: GRAND JURY REPORT RESPONSES FINDINGS: 1. Finding: Merced College Police Department collected money for fingerprinting. There was no proper documentation regarding receipts of money, which led to an unclear audit trail. There was no consistent use of the receipt books. In 2000, the police department used three-part receipts with six digit sequential numbers. The receipts contained the customer’s name and address. The badge number or employee number of the officer was indicated. The receipts were dated with quantity and total charges. During 2001 and 2002, the receipt books changed. There was no sequential number on the receipts. The demographics were vague. In 2003, the majority of the receipts 62 viewed did not have a customer name, address, or signature of receiving officer. An un-cashed check dated from a previous year was found in the box of the receipt books. Respondent agrees with the finding. • 2. Finding: Currently, there is no accounting policy at Merced College. Respondent agrees with the finding with respect to the police and security department. • 3. Finding: Inappropriate corrections were made on police employee’s time cards. Employees were instructed to use compensatory time during the week following that in which it was earned. The respondent disagrees with the finding on the basis of lack of information. • Nonetheless, all MC Police Department employees will be instructed as to proper • procedure for completion and changes on employee time cards. Employees will indicate prior to accruing overtime if that time will be taken as compensatory time.
• CM4 Page 16
  The police report addressing the incident.
• CM5 Page 16
  The Merced Police Department’s Citizens Complaint Procedure, Section 1020 handout detailing procedures for filing a complaint.
• CM6 Page 16
  The internal complaint files of the Merced Police Department covering a six month period.
• CM7 Page 16
  The pertinent parts of the “The Public Safety Bill of Rights” and the department complaint policies. 06/02/05 The committee requested reports on a number of cases that were assigned incident numbers over a specified period of time. 06/03/05 Contacted the complainant to confirm information. DOCUMENTATION:
• CM8 Page 16
  MPD Form 19: Form the aggrieved community member fills out to initiate an investigation into the conduct or action of an officer.
• CM9 Page 16
  MPD Form 20: Form stating the Notification of Findings of complaint investigation which is filed upon completion.
• CM10 Page 28
  The Merced County Human Services Agency operated within legal guidelines.
• CM11 Page 28
  The policies and procedures manual had not been updated for approximately 10 years.
• CM12 Page 34
  Several recorded City Council Meetings.
• CM13 Page 34
  Letters of complaint from numerous city employees.
• CM14 Page 36
  Pay raises for A-level managers and elected officials, as well as their benefits and other perks.
• CM15 Page 36
  Public safety – notably jail overcrowding, early release of violent offenders, and the understaffing currently experienced at each facility. METHOD OF INVESTIGATION 4/13/05 The Grand Jury conducted separate interviews of Supervisors Kathryn Crookham, Deidre Kelsey, Mike Nelson, Gerald O’Banion and John Pedrozo.
• CM16 Page 43
  Verbal counseling and information kept in complaint file
• CM17
  Termination 43 • The complainant receives a letter from the chief of police after the investigation is completed. By law, (State Personnel Board Rule 52.3) the officer may request a Skelly Hearing if they disagree with the final result of the investigation or its consequences.
• CM18 Page 45
  The City of Merced has a population of 73,000. There are 81 sworn and 39 non-sworn officers. MPD offers some bi-lingual services in Hmong and Spanish. There are currently 5 sworn officers positions open.
• CM19 Page 45
  .Section 1020 relates to the following:
• CM20 Page 45
  The purpose of the procedure.
• CM21 Page 45
  The procedures for filing.
• CM22 Page 45
  The various types of dispositions: sustained, not sustained, unfounded, exonerated.
• CM23 Page 45
  Documentation of each finding.
• CM24 Page 45
  Corrective Actions taken and
• CM25 Page 45
  The Merced City Police department has revised their complaint procedures to allow for an informal resolution prior to filing a formal complaint.
• CM26 Page 45
  In 2004, there were 17 complaints, seven were generated by the public. This is a reduction from the previous year when 27 formal complaints were filed.
• CM27 Page 45
  Complaint form 19 is provided in English only.
• CM28 Page 45
  In order for a full investigation to be conducted, the complainant must submit an official complaint form. 45
• CM29 Page 54
  Finding One, is accurate with reference to the current facility and it’s condition.
• CM30 Page 54
  As clarification to Finding Two, it is important to note the rated capacity of 42 for the Juvenile Hall is set by the State board of Corrections. The maximum capacity of 50 was set by this writer in consultation with the Superior Court Judges and takes into account the safety of both 54 the employees who work at the facility, the minors incarcerated therein, and the requirements set forth in the California Administrative Code. The staffing ratios are correct at noted.
• CM31 Page 55
  Finding Three is accurate relative to minors going through the court process. It is also correct that most youngsters serve only one third of any court ordered commitment at the facility, the remaining two thirds of the commitment is served at home on an electronic monitoring program or in an alternative program.
• CM32 Page 55
  This writer concurs with the information in Finding Four.
• CM33 Page 55
  This writer concurs with the information in Finding Five.
• CM34 Page 55
  Finding Six notes that the “west wing was built in 1984 and is the most up to date.” As clarification the most recently built and up to date wing would be south wing II. Relative to the other three wings (south I, east and west) all have up to two rooms with toilets, however the other rooms without toilet or sinks require that minors be taken to a central restroom facility. This will not be the case in the new facility where each room has a toilet, sink and drinking fountain.
• CM35 Page 55
  This writer concurs with the information in Finding Nine.
• CM36 Page 55
  This writer concurs with the information in Finding Ten.
• CM37 Page 56
  This writer is convinced and hopes the information in Finding Eleven will prove to be true. Only operation of the new facility will bear this finding out.
• CM38 Page 62
  Finding: Merced College Police Department collected money for fingerprinting. There was no proper documentation regarding receipts of money, which led to an unclear audit trail. There was no consistent use of the receipt books. In 2000, the police department used three-part receipts with six digit sequential numbers. The receipts contained the customer’s name and address. The badge number or employee number of the officer was indicated. The receipts were dated with quantity and total charges. During 2001 and 2002, the receipt books changed. There was no sequential number on the receipts. The demographics were vague. In 2003, the majority of the receipts 62 viewed did not have a customer name, address, or signature of receiving officer. An un-cashed check dated from a previous year was found in the box of the receipt books. Respondent agrees with the finding. •
• CM39 Page 63
  Finding: Currently, there is no accounting policy at Merced College. Respondent agrees with the finding with respect to the police and security department. •
• CM40 Page 63
  Finding: Inappropriate corrections were made on police employee’s time cards. Employees were instructed to use compensatory time during the week following that in which it was earned. The respondent disagrees with the finding on the basis of lack of information. • Nonetheless, all MC Police Department employees will be instructed as to proper • procedure for completion and changes on employee time cards. Employees will indicate prior to accruing overtime if that time will be taken as compensatory time.
• CM41 Page 63
  Finding: The police department had access to Defense Reutilization and Marketing Service (DRMS). This service offers military excess equipment at no cost. This equipment includes various items such as riot gear, all weather clothing, gas masks, and body armor. There is no policy regarding this equipment nor who has access to it. Many items were assigned to employees. There is no tracking system in place for retrieving equipment once an employee has left the department. Respondent agrees with the finding. •
• CM42 Page 63
  Finding: Employees were removing DRMS equipment from the college premises with and without permission. The respondent disagrees with the finding on the basis of lack of information. • However, proper procedure for removing equipment from college premises will be • reviewed with all department employees.
• CM43 Page 63
  Finding: DRMS equipment is stored in an old trailer that is rusted, packed beyond capacity, and unprotected from the elements. The current storage situation is unsafe for employees to access equipment. There are tents that are being stored outside completely exposed. Lack of use and maintenance is causing the equipment to deteriorate. Respondent agrees with the finding. •
• CM44 Page 63
  Finding: Merced College police are not authorized to issue moving violations at this time. They continue to issue parking citations. Respondent agrees with the finding. •
• CM45 Page 63
  Finding: There has been inadequate supervision and support for the employees of the Merced College Police Department for a variety of reasons. In the past, the MC Police Department staff did not believe they had effective communication with supervisors, management and administration. Respondent agrees with the finding. •
• CM46 Page 63
  Finding: Extra help employees are not issued parking permits. They must pay the $1 daily fee or the $20 semester fee to park their automobiles. Respondent agrees with the finding. •
• CM47 Page 65
  Recommendation: Dr. Johnson should report verbally and in writing to the Board of Trustees monthly regarding the progress at the MC Police Department. The recommendation requires further analysis. • The Board will determine who is responsible for progress reports as appropriate within • six months.
• CM48 Page 65
  Recommendation: Extra help employees should be issued parking permits on a semester basis. This alleviates the need for them to pay the daily or semester parking fee. The recommendation requires further analysis. • The district will review this issue and take appropriate action within six months. • Grand Jury Follow-up: There was little information given as to the type of analysis needed in order to implement the
• CM49 Page 67
  Regarding an audit of police association accounts and documents turned over to the Merced County District Attorney for criminal investigation: As neither this association nor its accounts are part of the City of Dos Palos, and as it does not use city funds or taxpayer dollars, this
• CM50 Page 67
  The Dos Palos Police Department has developed a written policy for the handling of evidence and property, approved by the city council on August 3, 2004 and implemented on August 4, 2004.
• CM51 Page 67
  The Dos Palos Police Department has developed a written policy for department-issued cell phone usage, approved by the city council on August 3, 2004 and implemented on August 4, 2004.
• CM52 Page 67
  The Dos Palos Police Department has developed a written policy regarding nepotism, approved by the city council on August 3, 2004 and implemented on August 4, 2004.
• CM53 Page 67
  The Dos Palos Police Department has developed a written policy regarding complaints against officers. All future complaints against officers will be investigated (none pending). Future investigation results will be noted in both personnel files as permitted by law and an internal affairs investigation file, approved by the city council on August 3, 2004 and implemented on August 4, 2004.
• CM54 Page 67
  The Dos Palos Police Department has developed a written policy regarding employment qualifications approved by the city council on August 3, 2004 and implemented on August 4,
• CM55 Page 10
  The Sheriff’s Department is to be commended for addressing the issues of the cracked glass on cell block doors and chipped paint in the cells. The Sheriff’s Department is commended for their efforts in responding to the correctional needs of Merced County despite the fiscal restraints under which they operate. 10 MERCED COUNTY SHERIFF’S DEPARTMENT JOHN LATORRACA CORRECTIONAL FACILITY Mandated Inspection INTRODUCTION/BACKGROUND Pursuant to California Penal Code Section 919, the Grand Jury has the responsibility to annually investigate the conditions and management of correctional facilities within Merced County. The Sheriff’s Department is responsible for the daily operations of this facility under the command of Sheriff Mark Pazin. A tour of the John Latorraca Correctional Facility, at 2584 W. Sandy Mush Road, Merced, was conducted on February 11, 2005. METHOD OF INVESTIGATION 08-04-04 Sheriff Mark Pazin gave the Grand Jury a presentation regarding the Sheriff’s Department. 02-11-05 A sergeant guided the Grand Jury on a tour of the John Latorraca Correctional Facility. 03-01-05 A Grand Jury Committee interviewed personnel from the medical section. 04-05-05 A Grand Jury Committee interviewed the commander of the facility. 06-17-05 A Grand Jury Committee interviewed an inmate of the facility.
• CM56 Page 12
  Management and staff showed great concern in regards to the existing problems they face on a daily basis. Partitions have been erected in the visitation area in compliance with the recommendations of the 2003-2004 Grand Jury report. The Grand Jury commends the facility for their efforts to curtail the transfer of contraband. 12 MERCED COUNTY JUVENILE DETENTION CENTER IRIS GARRETT JUVENILE JUSTICE CORRECTIONAL COMPLEX Mandated Inspection INTRODUCTION/BACKGROUND Under California Penal Code 919 (b) the Grand Jury is required annually to inspect the condition and management of detention facilities within the county. Juveniles under the age of 18 years are classified as status offenders or inmates. It is because of their status that they are referred to the juvenile division. The facility is responsible for juveniles described by sections 601 and 602 of the Welfare and Institutions Code. 601: Describes juveniles that could be in trouble for truancy, runaways, out of control of their parents, etc. These are offenses they would not be punishable for if they were over 18 years. 602: Describes juveniles that commit a criminal offense such as petty theft, rape, murder, etc. METHOD OF INVESTIGATION 08/04/05 Bill Davidson, recently retired Chief Probation Officer in charge of juvenile hall operations, met with the Grand Jury. He gave a presentation on how the Probation Department operates in the new Merced County Juvenile Detention Center, now called the Iris Garrett Juvenile Justice Correctional Complex, located on Sandy Mush Road adjacent to the John Latorraca Correctional Facility. 01/14/05 A Grand Jury tour of the complex was conducted by recently retired Division Director, Franz Moosbauer. 01/14/05 The Grand Jury toured the new court room and spoke with Commissioner Tom Burr who reviewed the types of hearings performed: arraignment, pre-hearing, jurisdiction, disposition, review (every six months), restitution, etc. 01/14/05 The Grand Jury Committee visited the temporary holding areas, the living quarters, and the classrooms. The Committee also spoke with inmates, correctional officers, and educators. . 05/06/05 The Committee contacted Commissioner Burr for follow up discussion. 05/06/05 The Committee contacted the Program Manager for follow up discussion.
• CM57 Page 40
  It appears the Dos Palos Police Department is doing a just and balanced job in their Internal Affairs Investigations. The Department is commended for its efforts to modernize the facility and the operational procedures, including updating equipment (e.g. bar coding in the evidence room, new computer systems, etc.), renovating the older areas of the building, providing workstations for employees, and enhancing worker relations. The Merced County Grand Jury would like to commend the Dos Palos Police Department for unwavering cooperation during this process. 40 LIVINGSTON POLICE DEPARTMENT INTRODUCTION The Grand Jury may investigate, at its discretion the operations, account, and records of the officers departments, functions, and the method or system of performing the duties of any law enforcement agency located within the county in accordance with Penal Code §925 a. The 2004-2005 Grand Jury chose to look at the City of Livingston Police Department Internal Affairs practice. METHOD OF INVESTIGATION 4/26/05 A Grand Jury committee visited the police department in Livingston. We spoke with the chief and toured the facility, including the evidence room. 5/26/05 A Grand Jury committee visited the police department in Livingston. Several Internal Affair files were reviewed.
• CM58 Page 57
  The Grand Jury commends the employees of the Department of Human Resources for their assistance and cooperation during this investigation. The Grand Jury commends Stephen Jones for supplying us with all requested documents in a timely manner. Response: Human Resources completed a review of the Merced County 2003-2004 Grand Jury Report and in response to the findings and recommendations for Complaint #03-04-14 are the following comments.

Comments 1

• CO1 Page 57
  The Human Resources Office complied with appropriate rules and procedures as outlined in Resolution #91-32. Response: CEO-Human Resources concurs that we are in compliance with Resolution #91-32. * The final question of the interview, which asks the applicant if there is anything that they would like to add, could be construed as a non-rated closure to the interview. Response: Candidates are informed they are to come prepared to respond to the questions, and to give information about themselves within the time frame allotted. They are further informed they are to be prepared to tell the interview panel why they believe they are qualified and suited for the position. The final question is part of their score of their overall presentation. * Applicants were graded on a 100% point system, with a total of 10 questions. Each is worth 10 points. Response: The questions are not worth 10 points each. The questions are divided among four rating sections, and the interview panel members grade from 65 (Unacceptable) to 100 (Superior) the response to the questions that correspond to that rating section. The panel members then total each of the four sections; then divide by four to receive the average score for the candidate.

No Responses Found 3

Government entities assigned to respond to this report. No response documents have been linked in our database.