2008-09 Interim

Recommendations 28

• R1
  Twenty-five (25) individuals were interviewed, pursuant to subpoenas. One witness testified two times, on two different dates. Each time, this witness was summoned by subpoena, placed under oath, and admonished after testimony was concluded.
• R2
  The individuals interviewed are either current or former members of the following organizations. a. The Jackson Valley Fire Protection District b. The American Legion Ambulance Service c. The Ione Fire Department. d. The Jackson Valley Board of Directors e. Cal Fire
• R3
  Of the witnesses, 40% stated that they observed the JVFPD Chief under the influence of alcohol while; responding to calls, at the scene of Jackson Valley Fire, or on mutual aid calls. The witnesses who observed this were able to describe the objective signs and symptoms of a person being under the influence of alcohol.
• R4
  Of the remaining 60% of the witnesses, 38% testified that they had been informed about the JVFPD Chief being under the influence of alcohol while on a scene, but had not observed it first-hand.
• R5
  Two witnesses testified that they had been threatened by the JVFPD Chief. The first witness was threatened when he confronted the JVFPD Chief about the issue of consuming alcohol on the job. During this confrontation, the witness was told that he would lose his position as a firefighter, and would not be able to work in that capacity again, if the subject was pursued further. The second witness, an Ione Firefighter, was threatened after making a complaint to law enforcement about the JVFPD Chief driving while under the influence of alcohol.
• R6
  'It was found that two persons were subject to section 3060 of the Government Code. (See below definition of Government Code $3060). These individuals being the Fire Chief of JVFPD and the Chairperson for the JVBD. These individuals are subject to Government Code sections, $13872, $13873, and Humbert v. Castro Valley Fire Protection District (1963).
• R7
  There has been no valid Operations and Procedures Policy in place for the JVF'PD since at least 1992.
• R8
  There is no approved or documented training program in place for the JVFPD.
• R9
  The JVBD is in violation of the Brown Act. The JVBD has not been trained in the Brown Act (California Law, n.d.).
• R10
  The JVBD took no action after receiving a complaint concerning the consumption of alcohol by the individual in question while on calls.
• R11
  Neighboring emergency service departments took no action after receiving complaints concerning the consumption of alcohol, while on calls, by the JVFPD Chief. These departments include the Ione Fire Department, Cal Fire, and American Legion Ambulance Service.
• R12
  The following witnesses gave false, misleading, or inconsistent testimony: a. Chief, Jackson Valley Fire Protection District b. Assistant Fire Chief, Jackson Valley Protection District c. Chief, Ione Fire Department d. Operations Manager, American Legion Ambulance e. Captain, City of Ione Fire Department f. Chairperson, Jackson Valley Board of Directors
• R13
  Testimony was that the Chief of the Ione Fire Department asked the JVFPD Chief to leave the scene of a structure fire, due to his apparent intoxication. His intoxication made the JVFPD Chief more of a detriment than an asset and was cause for concern for the safety of the other firefighters.
• R14
  Testimony was that the Chief of the JVFPD was placed in the back of a patrol car at the scene of a fire call, for unknown reasons, approximately nine years ago. At the time, it was assumed that this was due to the JVFPD Chief being under the influence of alcohol.
• R15
  Testimony also revealed that the JVFPD Chief violated the admonition given him by the Amador County Grand Jury. He openly and defiantly discussed his testimony and tried to ascertain the testimony of others.
• R16
  Testimony was that the JVFPD Chief, subsequent to the hearing, has approached neighboring agencies with a request that the Ione Fire Department discontinue mutual aid within the JVFPD. This would place citizens within the Jackson Valley Fire Protection District at risk. This request by the JVFPD Chief has the testimony given before the Amador County Grand Jury.
• R17
  On at least one occasion, witnesses observed the JVFPD Chief's level of intoxication and requested that he stop providing medical aid to an accident victim. Further, the witness stated that the level of intoxication placed the victim at risk. Government Code: $3060. An accusation in writing against any officer of a district, county, or city, including any member of the governing board or personnel commission of a school district or any humane officer, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed. An accusation may not be presented without the concurrence of at least 12 grand jurors, or at least eight grand jurors in a county in which the required number of members of the grand jury is 11 (California Law, n.d.). California Penal Code: $ 118. (a) Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury. This subdivision is applicable whether the statement, or the testimony, declaration, deposition, or certification is made or subscribed within or without the State of California. (b) No peison shall be convicted of perjury where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant. Proof of falsity may be established by direct or indirect evidence (California Law, n.d.).
• R18
  Inmates are able to shower daily, but due to the waste water problem they are required to keep shower time to a minimum.
• R19
  PIA, a state agency, operates a coffee roasting plant, meat cutting. and processing plant, a laundry facility, and clothing manufacturing. The meat and coffee are sold to tax-supported agencies. The clothing that is manufactured is used within the state of California by all prison inmates.
• R20
  Visitation is permitted on Saturdays and Sundays for all eligible inmates. Some low level inmates are also allowed visits on Fridays, provided they are discipline-free for three months. In addition to regular visiting hours, visiting is conducted on New Year's Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. Administrative Segregation Unit inmates are limited to 1-hour visits, due to space available.
• R21
  There are 4 telephones per cell block, to which inmates have access. Outgoing calls are collect calls. All calls are monitored and recorded.
• R22
  All mail, both outgoing and incoming, is screened for drugs and possible threats to both the staff and the general inmate population.
• R23
  In the past 12 months, ten stabbings have occurred by inmates to inmates at MCSP. Staff members considered the stabbings to be minor.
• R24
  At MCSP, all personnel are responsible for the safety of the staff and inmate population. Safety meetings are conducted on a monthly basis and include both alarm response and disturbance control. In the event additional staff is needed, there is a plan in place for off duty staff call back, which allows a 30-minute response time to provide additional backup.
• R25
  MCSP is accredited through the Western Association of Schools and Colleges. Programs are available to qualified inmates for both academic and vocational needs. In addition, support programs are available for recreational reading and access to legal materials.
• R26
  Counseling is available 24-7 for all staff. Staff is allowed seven visits per incident, with additional visits as required. The staff has a strong peer support system. Every two years, female guards are moved to different yards to avoid problems with inmates.
• R27
  The dry cleaning facility at MCSP caused the contamination of the local water wells and has been shutdown. Of the total number of local owners of the contaminated water wells, 'all but two have taken advantage of state repair funds. The city of Ione has taken the lead in resolving the water issue, and the prison has made temporary adjustments to correct the problem, such as flow meters on the toilets. In addition, the dry cleaning facility, which was the source of the problem, has been removed. Wastewater is kept at a minimum.
• R28
  A document from the Fire Chief, dated March 12, 2009, stated there are no FireILife Safety discrepancies requiring any immediate attention at MCSP. Findinps: