⚠️ 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 10 findings
F1
Page 39
The Fresno County Charter, Section 41 (see Appendix 1, B), does not specifically state what actions constitute a conflict-of-interest for County employees. The Fresno County Board of Supervisors (“Board”) agrees with the finding.
F2
Page 39
The Grand Jury recognizes the energy and effort that is necessary to repeal the County Charter, Section 41. However, it is felt that the current situation of both a County Charter Section and conflicting State statutes is cumbersome, unnecessary and inefficient. The Board disagrees partially with the finding; specifically related to the necessity to repeal County Charter, Section 41. As noted in Appendix 3 of the report, the County’s Department of Human Resources has implemented, or is in the process of implementing initiatives related to conflict-of-interest processes and training for County officials and employees.
F3
Page 52
Vote-by-mail procedures are being implemented in conformance with state regulations.
F4
Page 52
Ballot boxes and ballot chain of custody were found to be secure.
F5
Page 39
There was no single specified official, office or counselor for a County official or employee to consult regarding a real or potential conflict-of-interest. The Board disagrees partially with the finding; specifically related to the lack of an office or counselor for a county official or employee to consult regarding a real or potential conflict-of- interest. As provided in Board of Supervisors Administrative Policy No. 1 – Conflict of Interests, the County Counsel’s Office provides guidance to County officials and employees. The County is, however, undertaking additional training in governmental ethics with all employees, including developing a requirement that a broader range of management and financial employees take the bi-annual AB 1234 ethics training. In addition, when inquiries are made related to conflicts of interest, employees are encouraged to discuss specifics with the California Fair Political Practices Commission, via email or phone, as noted on the Statement of Economic Interests Form 700 cover.
F6
Page 52
The Elections Department website is well maintained and user friendly. Commendation: The Grand Jury commends the Fresno County Elections Office for its integrity, smooth and efficient operation, secure vote-counting system and commitment to ensuring that each eligible voter can cast a ballot that is counted accurately.
F7
Page 88
The CPD follows POST standards for the training of officers in issues regarding implicit bias.
F8
Page 88
The FCC Police Academy graduates classes with diversity that reflects the entire Fresno/Clovis metropolitan area.
F9
Page 88
The CPD command staff established a diversity strategic plan in January 2018, which has been partially completed to date.
F10
Page 88
The CPD does not publicly share information on their diversity efforts. Based on its findings, the 2021-2022 Fresno Civil Grand Jury recommends:
Recommendations 1
-
R8Page 65Tardy Yes in Part Follow up to determine if City of implemented Fresno, Street2Ho me 65 WHO IS RUNNING PARLIER? The 2019-2020 Civil Grand Jury investigated the Parlier City Council's development and maintenance of administrative policies and procedures; hiring of qualified management; budget and finance procedures; and policies about filling unexpected Council vacancies. Pursuant to Penal Code Section 933.05, the Fresno County Grand Jury required responses to each of the specific findings and recommendations. It is required that
Conclusions 1
-
CL1 Page 67The 2021-2022 Civil Grand Jury appreciates all departments and agencies that responded to the 2019-2020 Civil Grand Jury’s Findings and Recommendations. It is important for responses to be complete and responsive so the public can know when to expect actions to be taken to address highlighted issues. 67 Appendix A The originals of these replies are unavailable. This is a verbatim copy of the actual text Revisiting Special District Audits County of Fresno Oscar J. Garcia, CPA Auditor-Controller/Treasurer-Tax Collector February 4, 2021 The Honorable Arlan L. Harrell, Presiding Judge Fresno County Superior Court 1100 Van Ness Avenue Fresno, CA 93724-0002 Reference: Response to Fresno County Grand Jury Report No.2: Revisiting Special District Audits Dear Judge Harrell: We apologize for the delay in the County of Fresno Auditor-Controller/Treasurer-Tax Collector's responses to the Grand Jury's October 2020 Report. The impact of the pandemic and other issues on the ACTTC Office has been critical over the past few months and that resulted in missing the request for responses to the 2020 Report until it was brought to our attention this week. We want to assure the Grand Jury that the ACTTC Office has continued to work on the recommendations from the 2017-18 Report by tracking and assisting non-compliant districts in meeting their audit obligations. As soon as circumstances permit, the ACTTC will be seeking the additional funding to staff a more formal effort to ensure that all special districts subject to its audit oversight come into compliance. As directed by the Grand Jury, the responses below are provided in accordance with Penal Code, Section 933.05. Finding Numbers: F2. Good progress has been made in reducing the number of non-compliant districts and the number of past due audits; the Fresno County Auditor-Controller/Treasurer-Tax Collector's Office has not completed recommendation R4 from the 2017-18 Grand Jury's Report No. 3 concerning the performance of financial audits from non-compliant special districts. County's Response: The County has eight districts that have outstanding audits. We have communicated with the districts to resolve these items. Non-compliance letters were sent to the districts on July 13, 2020. Follow up communications have occurred, with the most recent follow ups dated February 1, 68 2021. As the Grand Jury was informed the extreme stresses and staff shortages created by the COVID-19 pandemic has delayed the Auditor February 4, 2021 The Honorable Arlan L. Harrell, Presiding Judge Fresno County Superior Court Grand Jury Final Report No. 3 Controller/Treasurer-Tax Collector's plan to obtain additional funding from the Board of Supervisors to staff efforts to conduct audits of non-compliant districts. Recommendation Numbers R1. Continue recommendation R4 of the 2017-18 Fresno County's Grand Jury Report No. 3: “Per California Government Code, Section 36929 as amended, Fresno County Auditor Controller/Treasurer-Tax Collector's Office should either perform financial audits on special districts or contract with a certified public accountant to have the missing audits completed." (F2) County's Response The County has been working with the special districts to resolve the issue of past due/missing audits, as noted in our response to F2. The Auditor-Controller/Treasurer Tax Collector's Office will continue to work closely with County Counsel to improve upon our policies and procedures regarding the timing in which we step in to either perform or contract with a certified public accountant to perform the audits. Due to the vast number of special districts and the limited staffing and resources of both the special districts and the Auditor-Controller/Treasurer-Tax Collector's Office, this will be an ongoing project to ensure compliance. R2. Audits not completed in a timely manner by special districts should be referred to Fresno County LAFCo as "potentially inactive" in order that Fresno County LAFCo may commence the dissolution process for chronic non-compliance, if needed. (F2) me The County will work closely with LAFCo with regards to potentially inactive districts due to continued non-compliance. Our most recent discussion with LAFCo regarding a potentially inactive district occurred in December 2020. This concludes the Fresno County Auditor-Controller/Treasurer-Tax Collector's responses to the findings and recommendations of the October 2020 Grand Jury Report No. 2. Sincerely, S/ Oscar J. Garcia Oscar J. Garcia, CPA Auditor-Controller/Treasurer-Tax Collector cc: Elizabeth Vecchio, Program Technician, County Administrative Office P.O. Box 1247 / Fresno, California 93715-1247 / (559) 600-3496 / FAX (600) 600-1444 Equal Employment Opportunity Employer 69 County of Fresno Oscar J. Garcia, CPA Auditor-Controller/Treasurer-Tax Collector July 15, 2021 Fresno County Civil Grand Jury Continuity Committee Lanny Larson P.O. Box 2072 Fresno, CA 93718 Reference: Response to 2019-2020 Fresno County Civil Grand Jury Report #2,ImplementationResponse Update Request Dear Fresno County Civil Grand Jury Continuity Committee: The County of Fresno Auditor-Controller/Treasurer-Tax Collector is providing an update to its response to the Fresno CountyGrandJuryReportNo.2:RevisitingSpecialDistrictAudits,datedFebruary4,2021.The Auditor's Office agrees that providing transparent financial information to special districts' constituents is valuable and important. The Auditor's Office is working to implement the Grand Jury's recommendations. As directed by the Grand Jury, the responses below are provided in accordance withPenalCode,Section 933.05. Recommendation Numbers R1. Continue recommendationR4ofthe2017-18FresnoCounty'sGrandJuryReportNo.3:“PerCalifornia Government Code, Section 26909asamended,FresnoCountyAuditorController/Treasurer-TaxCollector's Office should either performfinancialauditsonspecialdistrictsorcontractwithacertifiedpublicaccountant to have the missing audits completed.” County's Response In an effort to address the Grand Jury's recommendation, the Auditor's Office has discussed with the County Administrative Office and will be allocated$200,000duringthebudgethearings in September for special district audit costs to contract with aprivateCPAfirmforauditsofspecialdistricts for which audits have not been provided, to theextenttheAuditor'sOfficehasauthorityunderGovernment Code Section 26909. There are currently 84 special districts that have not provided audits, but only six of these special districts did not provide audits in previous years. We are in continuous communication with special districts throughout the year regarding their need to obtain audits and our most recent notification was sent out on July 12, 2021. We anticipate that a majority of these special districts will return to compliance in the next few months. We continue to consult with County Counsel on this matter. This concludestheFresnoCountyAuditor-Controller/Treasurer-TaxCollector'supdatetoitsresponsetothe Fresno County Grand Jury Report No. 2: Revisiting Special District Audits, dated February 4, 2021. Sincerely, Oscar J. Garcia Oscar J. Garcia, CPA Auditor-Controller/Treasurer-Tax Collector 70 cc: Elizabeth Vecchio, Program Technician, County Administrative Office P.O. Box 1247 / Fresno, California 93715-1247 / (559) 600-3496 / FAX (600) 600-1444 Equal Employment Opportunity Employer July 15, 2021 Lanny Larson Fresno County Civil Grand.Jury Grand Jury Report #2 P.O. Box 1247 / Fresno, California 93715-1247 / (559) 600-3496 / FAX (600) 600-1444 Equal Employment Opportunity Employer 71 Appendix B The originals of these replies are unavailable. This is a verbatim copy of the actual text Solving The Homeless Challenges Threatened By Too Many Helping Hands Street2Home (Street2Home did not provide a separate response provided, but City of Fresno Response indicates it is also responding for Street2Home) Fresno Madera Continuum of Care February 12, 2021 The Honorable Arlan L. Harrell, Presiding Judge Fresno County Superior Court 1100 Van Ness Avenue Fresno, CA 93724-0002 RE: Response to Fresno County Grand Jury Report No. 4: Solving Homelessness Challenges Threatened By Too Many “Helping Hands" Dear Judge Harrell: The Grand Jury's report reflects findings and recommendations regarding homelessness and the challenge of coordinating services across jurisdictions. The Fresno Madera Continuum of Care (FMCoC) thanks the Grand Jury for its investment in this issue. Below are the responses to the findings and recommendations: Findings: Finding #1: There is a lack of robust central coordination in providing homeless services in Fresno County. Response #1: The FMCoC disagrees with Finding 1. There is no overarching legislative mandate which supports central coordination of homeless services. There are a variety of sources that fund homeless services with each having their own requirements. The FMCoC follows all guidelines and requirements mandated by the funding source. The FMCoC agrees with Finding #3. The FMCoC agrees with Finding #3. 72 Recommendations: Recommendation #4: The Fresno Madera Continuum of Care should update its website with current member information; meeting agendas and minutes, and current funding opportunities and awards no later than March 31, 2021. Response 4: The recommendation has been implemented. The FMCoC website is functional and contains the above-mentioned information. www.fresnomaderahomeless.org Recommendation #6: The Fresno Madera Continuum of Care ought to consider complying with the Brown Act guidelines for posting meeting notices, and also inform the members and the public about the application and ranking process for organizations that apply for HUD awards. This should be ongoing and begin no later than 90 days after the publication of this report. Response 6: The recommendation has not yet been implemented but will be partially implemented by July 1, 2021. The FMCoC will consider complying with the Brown Act guidelines. Additionally, the FMCoC will post the application and ranking process for the HUD awards on its website during the next cycle of funding. This concludes the Fresno Madera Continuum of Care comments on the findings and recommendations of the Fresno Grand Jury Report No. 4, October 2020. Respectfully submitted, Laura Moreno Laura Moreno, Chair C: Elizabeth Vecchio, County Administrative www.fresnomaderahomeless.org 73 THOMAS ESQUEDA CITY MANAGER July 30, 2021 The Honorable Arian L. Harrell, Presiding Judge Fresno County Superior Court 1100 Van Ness Avenue Fresno, CA 93724-0002 RE: Response to Fresno County Grand Jury Report No. 4: Solving Homelessness Challenges Threatened By Too Many “Helping Hands," October 2020 Dear Judge Harrell: The City of Fresno thanks the Grand Jury for its investigation related to the critical issue of homelessness in our community. The Grand Jury's report reflects findings and recommendations regarding the challenge of coordinating services addressing homelessness across jurisdictions. My apologies for not forwarding to you the City's response to the Grand Jury's request sooner. Our delay is due primarily to the joint challenges associated with preventing the spread of COVID-19 among our homeless population during the pandemic and the turnover in Mayoral administrations here at the City of Fresno at the end of 2020. Nevertheless, we are grateful for the Grand Jury's attention to this most critical issue. The Fresno Grand Jury requested responses to the following findings and recommendations: F1, F2, F4; R1, R2, R3, R7, R8. The following are responses to those items: Findings: F1. There is a lack of robust central coordination in providing homeless services in Fresno County. The City of Fresno agrees in part with this assessment. First, there is no overarching legislative mandate which supports central coordination of homeless services. In fact, recent legislative acts at both the State and Federal levels continue to support cities, counties and continuums of care in their separate but coordinated efforts to address homelessness in municipalities across the country, including here in Fresno. 74 There are a variety of sources that fund homeless services with each having their own requirements. The City follows all guidelines and requirements mandated by the funding source, including the requirement for coordination with other institutions and agencies making up our community wide homeless service delivery system. Secondly, we appreciate the historic coordinating role that the Fresno Madera Continuum of Care has played in our community. The City has a seat on its Executive Committee. More recently, we also appreciate the “robust central coordination” involved in planning and deploying services addressing homelessness during the pandemic led by Dawan Utecht, Director of Fresno County Behavioral Health, and Sonia De La Rosa, Principal Analyst with the County of Fresno, which was nothing short of spectacular. Thirdly, there is still a need for an ongoing, “robust central coordination" described in the Street2Home Fresno County: A Framework for Action (www.street2homefresno.org). For more details, please see our response to Recommendations 1-3 below. F2. Although funding is available, the three positions recommended in the Street2 Home report for the “backbone organization” remains unfilled. The City of Fresno agrees in part with this assessment. Although the three positions recommended in the Street2Home report remain unfilled, there was a conscious commitment of significant staff time to fill that gap temporarily from both the Mayor's Office in the City of Fresno and the County Administrator's Office at the County of Fresno amounting to a substantial investment in staffing the collective impact activities outlined in Street2Home. That being said, we believe now that the crisis of the pandemic is subsiding, it is imperative for us to establish a backbone organization as outlined in the Street2Home Report in order to advance community wide efforts to address homelessness. The Honorable Arian L. Harrell, Presiding Judge Response to Fresno County Grand Jury Report No. 4: Solving Homelessness Challenges Threatened by Too Many "Helping Hands" July 30, 2021 Page 3 of 4 Please see our response to Recommendations R1-R3 below. F3. There is a lack of communication with the public at-large regarding services provided for the homeless and the success of efforts to reduce the homeless population. Please see our response to Recommendations R1-R3 below. 75 Recommendations: Please see the joint response to R1, R2 and R3 below. R1. The Street2Home organization should fill all board vacancies by December 31, 2020. (F1) R2. The Street2Home organization should operate openly and transparently with community involvement by inviting the public to participate in widely noticed meetings and by allowing time for public comment during board meetings. (F1) R3. The Street2Home organization positions of executive director, facilitator, and data manager should be filled by no later than March 31, 2021. (F2) The following is our joint response to Recommendations 1-3 (R1, R2, and R3): In the report which the City of Fresno co-commissioned in 2018, Street2 Home Fresno County, A Framework for Action (www.street2homefresno.org), it was recommended that the City of Fresno join with the County of Fresno to organize and convene a collective impact initiative of influential community leaders who can deploy human or financial resources and keep track of the big picture. Prior to the COVID-19 crisis, an initial board of directors of a backbone organization was assembled and met, including multi-sector representatives as recommended in the report. With the COVID-19 emergency homeless response, this work was put on hiatus. We anticipate that the board of the backbone organization will become fully operational in FY 21/22 and will develop a flexible and dynamic structure with clear delineation of The Honorable Arian L. Harrell, Presiding Judge Response to Fresno County Grand Jury Report No. 4: Solving Homelessness Challenges Threatened by Too Many "Helping Hands" July 30, 2021 Page 4 of 4 leadership and decision-making roles, as well as opportunities for extensive community engagement and participation with the first task to implement a dynamic staffing structure to support the collective impact structure. Though in favor of a functional collective impact structure with a board of directors, we are not in favor of calling this backbone organization "Street2Home," as there are some factors that have called this particular name into question. 76 R7. Street2Home should develop a plan for regular dialogue with the Fresno County community to educate and inform the public about what is being done to resolve homelessness in the community. (F4) We anticipate that the collective impact structure's board and staff, once operational, will engage the entire community in solutions to addressing homelessness. Working with our robust network of agencies to address homelessness, the collective impact structure will be committed to full community engagement, with all partners, elected officials, and community leaders. R8. Street2Home meetings should be held at easily accessible venues and at times that encourage public participation, beginning no later than March 31, 2021, or as allowed by restrictions imposed due to the COVID 19 pandemic. (F4) The City of Fresno fully agrees with this recommendation. This concludes the City of Fresno's comments on the findings and recommendations of the Fresno Grand Jury Report No. 4, October 2020. H. Spees will be glad to discuss these in depth with you should you have questions. He appreciated the opportunity to provide you with an update to the City of Fresno's homeless initiatives during the Grand Jury's recent meeting with him on Wednesday, July 21, 2021. Respectfully submitted, S/ Thomas C. Esqueda THOMAS C. ESQUEDA, City Manager S/ H. Spees H. SPEES, Director Housing and Homeless Initiatives 77 County of Fresno Department of Social Services Delfino E. Neira, Director January 4, 2021 The Honorable Arlan L. Harrell, Presiding Judge Fresno County Superior Court 1100 Van Ness Avenue Fresno, CA 93724-0002 RE: Response to Fresno County Grand Jury Report No. 4: Solving Homelessness Challenges Threatened By Too Many "Helping Hands" Dear Judge Harrell: The Grand Jury's report reflects findings and recommendations regarding Homelessness and the Challenge of coordinating services across jurisdictions. The Fresno County Department of Social Services (DSS) thanks the Grand Jury for its investment in this issue. Below are the responses to the findings and recommendations: Findings: The Department agrees with Finding #4. Finding #1: There is a lack of robust central coordination in providing homeless services in Fresno County. Response #1: The Department disagrees with Finding 2. There is no overarching legislative mandate which supports central coordination of homeless services. There are a variety of sources that fund homeless services with each having their own requirements. The Department follows all guidelines and requirements mandated by the funding source. Recommendations: Recommendation #5: The City of Fresno and the County of Fresno should perform and publish quarterly audits of all homeless grants to ensure that funds are being spent appropriately, services are being provided, and goals are being met. This should be ongoing beginning with Fiscal Year 2020-21 and findings should be posted on their website as well as the CoC website. Office Location: 205 West Pontiac Way, Clovis, California 93612 Phone: (559) 600-2300 – FAX: (559) 600-2310 Mailing Address: P.O. Box 1912, Fresno, California 93718-1912 www.co.fresno.ca.us The County of Fresno is an Equal Employment Opportunity Employer 78 Response #5: The recommendation has not yet been implemented but will be partially implemented by July 1, 2021. The Department audits monthly invoices and activity reports including outcomes. A more complete audit and site visit are completed annually, and those annual reports will be published. This concludes the Fresno County Department of Social Services comments on the findings and recommendations of the Fresno Grand Jury Report No. 4, October 2020. Respectfully submitted, S/ Delfino E. Neira Delfino E. Neira, Director C: Elizabeth Vecchio, County Administrative Office Office Location: 205 West Pontiac Way, Clovis, California 93612 Phone: (559) 600-2300 – FAX: (559) 600-2310 Mailing Address: P.O. Box 1912, Fresno, California 93718-1912 www.co.fresno.ca.us The County of Fresno is an Equal Employment Opportunity Employer 79 RESPONSES #3 Compliance and Continuity Report NO RESPONSES REQUESTED TO THIS REPORT 80 REPORT #4 Clovis Police Department Responds To Its Diversity Challenges 81 2021-2022 Fresno County Civil Grand Jury Report No. 4 Clovis Police Department Responds To Its Diversity Challenges Summary The 2021-2022 Fresno County Civil Grand Jury received a citizen complaint requesting the review of the Clovis Police Department and its ethnic diversity to include African American sworn officers within the department. It is the responsibility of the Grand Jury to assure local governments act in the best interest of the citizens they represent. The Grand Jury’s investigation over more than a year concluded the Clovis Police Department has made significant efforts to ethnically diversify the department to include African American and other sworn officers of color. However, to date the results have not met their expectations.
Commendations 1
-
CM1 Page 52The Grand Jury commends the Fresno County Elections Office for its integrity, smooth and efficient operation, secure vote-counting system and commitment to ensuring that each eligible voter can cast a ballot that is counted accurately. Recommendation: The Board of Supervisors should recognize the importance of maintaining the commendable integrity of the Fresno County voting process by providing the resources requested by the Registrar of Voters during the 2022-2023 budget process. (F1 - F6) 52 Disclaimers Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury do not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. One grand juror recused from this investigation because of a conflict of interest and did not participate in the preparation of the report or in the vote authorizing the report’s publication. 53