Calaveras County

Commendations 5

• CM1
  The nonprofit Friends of the Calaveras Animal Shelter (FOCAS) has provided funds to the ACS and has donated equipment and volunteer hours to help keep the ACS effective. 18
• CM2
  C1. The Board of Supervisors approved “Equity Adjustments” in addition to the negotiated COLA for Animal Control Officers. This is a positive decision in the right direction to retain dedicated employees (F-3). C2. The ACS staff and volunteers are commended for the day-to-day operations that are performed at a high standard under sub-standard conditions without adequate facilities and equipment. Clear policy and procedures are in place and strictly followed by staff and volunteers. Their dedication to the care of animals is apparent and highly admirable (F-12). C3. The nonprofit Friends of the Calaveras Animal Shelter (FOCAS) has provided funds to the ACS and has donated equipment and volunteer hours to help keep the ACS effective. Most notably, FOCAS provided the “Cat House” to the ACS to help feral cats. Since FOCAS has stepped in, conditions at the ACS have improved (F-13). C4. Currently, the ACS has a ninety percent (90%) no-kill rate (F-14). Request for Responses: Pursuant to Penal Code section 933.05, the Grand Jury requests responses as follows:  Calaveras County Animal Control Services F2.R1 F7.R1 F3.R1 F8.R1 F4.R1 F10.R1 F5.R1 F11.R1 F6.R1 20  Director of Environmental Health F1.R1 F6.R1 F2.R1 F7.R1 F3.R1 F8.R1 F4.R1 F9.R1 F5.R1 F10.R1  Calaveras County Human Resource Department F1.R1 F4.R1 F2.R1 F5.R1  Calaveras Board of Supervisors F1.R1 F6.R1 F2.R1 F8.R1 F3.R1 F9.R1 F4.R1 F10.R1 F5.R1 The government bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code Section 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. 21 22 BOARD of SUPERVISORS RESIDENCY REQUIREMENT 23 Summary: The Grand Jury decision to investigate Board of Supervisors compliance with residency requirements was based on a citizen complaint. The Grand Jury’s finding is as follows:  After review of documents and interviews, the Grand Jury finds all members of the Board of Supervisors have/had valid residency. Background: Research was focused on residency requirements and qualifications for office. Calaveras County Counsel, Calaveras County Clerk-Recorder-Registrar of Voters, Calaveras County Assessor’s Office, California Department of Motor Vehicles (DMV), and the Calaveras County Sheriff’s office provided information. Methodology and Approach: During the initial inquiry process, the Grand Jury interviewed Calaveras County Counsel to determine what establishes residency. The Calaveras County Clerk-Recorder-Registrar of Voters provided the Grand Jury with the county’s procedures and requirements for election candidates running for the office of Board of Supervisors. After gathering other relevant information pertaining to this complaint, the Grand Jury proceeded with investigations encompassing the evaluation of Board of Supervisors’ residency. In order to remove potential conflicts of interest, Calaveras County Counsel recommended that Tuolumne County Counsel review this investigation. Interviews:  Calaveras County Counsel  Calaveras County Assessor’s Office  Calaveras County Sheriff’s Office-phone interview with Concealed Carry Weapon (CCW) permits clerk. Documents: Documents requested were for all members of the Board of Supervisors.  Calaveras County Assessor’s Office: Addresses of homeowner’s exemptions.  Calaveras County Clerk-Recorder-Registrar of Voters: All applications for 2016 election, California Fair Political Practices Commission (FPPC) Forms 700, declarations of candidacy, voter registration forms.  Calaveras County Counsel: Legal residency requirements for holding the office of county supervisor.  DMV: Certified document 24 Discussion/Narrative: The county requires all candidates must be registered to vote in the district they seek to represent for at least 30 days prior to filing nomination documents for the office of supervisor. They must reside at that domicile address during their incumbency. A signature on their declaration of candidacy attests to meeting the legal requirements, under penalty of perjury. The Grand Jury found tests for residency include only one domicile. A legal definition of residency may include that the domicile address be the same as the driver’s license, voter registration, tax return, telephone, mailing, automobile registration, homeowner’s exception, and/or CCW permit addresses. Candidates must be registered to vote in the district which they seek to represent for at least 30 days immediately preceding the deadline for filing nomination documents for the office of supervisor. They must reside at the domicile address in the district during their incumbency. Findings: F1. After reviewing documents and conducting interviews, the Grand Jury, finds sufficient evidence that all members of the Board of Supervisors have met valid residency requirements for the districts they serve. Recommendations: F1.R1. To inform the public, the Grand Jury recommends the county publish certifications of qualified candidates for public office promptly following the application deadline, post in local papers under Public Notices and continue to publish on the Calaveras County website. Request for Responses: Pursuant to Penal Code Section 933.05, the Grand Jury requests, within ninety (90) days, responses as follows: F1.R1. Calaveras County Clerk-Recorder-Registrar of Voters. The government bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code Section 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. 25 26 Calaveras County High School Districts Policies and Procedures Regarding The California Public Records Act 27 Summary: The Calaveras County Grand Jury decision to inquire into the Calaveras County high school districts (Bret Harte Union High School District and Calaveras Unified School District) was in accordance with California Penal Code. California Penal Code delineates the conduct of the Grand Jury, Sections 888-945. Calaveras County Grand Jury chose to inquire into whether each school district has policies and procedures relative to the California Public Records Act (CPRA) as part of our oversight of public agencies within Calaveras County. The Grand Jury findings are as follows:  Bret Harte Union High School District has policies and procedures in place to address the California Public Records Act.  Calaveras Unified School District has policies and procedures in place to address the California Public Records Act. Background: Legislation enacting the California Public Records Act (CPRA) was signed in 1968, culminating a fifteen (15) year-long effort to create a general records law for California. The fundamental principle of the CPRA is that governmental records shall be disclosed to the public, upon request. Most of the reasons for withholding release of a record are stated as specific exemptions contained in the CPRA. Some confidentiality provisions are incorporated by reference to other laws. The CPRA provides for a general balancing test by which an agency may withhold records if it can establish that the public interest in nondisclosure clearly outweighs the public interest in disclosure. There are two recurring interests that justify most of the exemptions. First, several CPRA exemptions are based on recognition of the individual’s right to privacy (e.g., privacy in certain personnel, medical or similar records). Second, several exemptions are based on the government’s need to perform its assigned functions in a reasonably efficient manner (e.g., maintaining confidentiality of investigative records, official information, records related to pending litigation and preliminary notes or memoranda). If a record contains exempt information, the agency generally must segregate or redact the exempt information and disclose the remainder of the record. If an agency improperly withholds records, a member of the public may enforce, in court, his or her right to inspect or copy the records and receive payment for court costs and attorney’s fees. Methodology and Approach: On January 7, 2018 letters were sent from the Calaveras County Grand Jury to the superintendents of Bret Harte Union High School District and Calaveras Unified School District requesting their policies and procedures pertinent to the CPRA. Responses were forwarded from the district superintendent on February 20, 2018 from Bret Harte Union High School District, and on March 7, 2018 from Calaveras Unified School District. Both responses included copies of the district policies. 28 Documents: Documents received from Bret Harte Union High School District:  Board Policy Access to District Records BP 1340 Community Relations, adopted June 19, 2017.  Board Bylaw Board Member Electronic Communication BB 9012 Board Bylaws, adopted February 6, 2017.  Administrative Regulation Access to District Records AR 1340 Community Relations, revised February 6, 2017. Documents received from Calaveras Unified School District:  Board Policy Access to District Records BP 1340 Community Relations, adopted September 26, 2017.  Board Bylaw Board Member Electronic Communication BB 9012 Board Bylaws, adopted January 16, 2018.  Administrative Regulation District Records AR 3580 Business and Non-Instructional Operations, adopted September 26, 2017.  Board Policy Employee Use of Technology BP 4040 Personnel, adopted January 12, 2016. Reference: Summary California Public Records Act Government Code Sections 6250 - 6276. August, 2004. California Attorney General’s Office, http://ag.ca.gov/publications/summary_public_records_act.pdf Discussion and Narrative: After reviewing the documents provided by the Calaveras County high school districts, Bret Harte Union High School District and Calaveras Unified School District, the Grand Jury findings are as follows: Findings: F1. Bret Harte Union High School District has policies and procedures in place to address the California Public Records Act. F2. Calaveras Unified School District has policies and procedures in place to address the California Public Records Act. Recommendations: F1. R1. None. F2. R1 None. This report was issued by the Grand Jury with the exception of jurors who recused themselves for personal reasons. These grand jurors were excluded from all parts of the investigation, including interviews, deliberations, and the writing and approval of this report. 29 30 Jails Public Correctional Facilities Calaveras County Facility 31 Summary: The Grand Jury decision to inquire was not complaint driven but in accordance with the California Penal Code Section 919 (b). The conduct of the Grand Jury is delineated by the California Penal Code, Section 888-945. The Grand Jury is obligated to inquire and assess the facility condition, and the over-all operations and management of the public correctional facilities within Calaveras County. The Grand Jury findings are as follows:  The Calaveras County Correctional Facility is maintained immaculately and has modern environmental equipment such as solar panels, reducing electrical cost, an inside controlled temperature of seventy-three degrees (73) and natural light allowing the facility to be well-lit.  The kitchen equipment is state-of-the art and is well maintained.  High quality, nutritious and balanced food is served to the inmates.  Staff professionalism is a priority and apparent by the mutual respect exhibited between personnel and inmates.  For Fiscal Year 2017/2018 budget, overtime expense was budgeted for two hundred sixty-five thousand dollars ($265,000.00).  Staff wages are not industry competitive contributing to high turnover.  Correctional staff to inmate ratio is at one to forty-five (1:45).  Considering correctional personnel job stress and lack of appropriate staffing, jail staff are doing an outstanding job. This includes the creativity of administrative personnel in work assignments and responsibilities.  Additional nurse staff is needed to meet medical requirements and requests. Examples include safely administering medications and performing inmate medical assessments.  The goals of the Calaveras County Correctional Facility are to provide a safe and secure environment that promotes positive inmate behavior through fair, impartial and humane treatment of all individuals in the facility.  Deputies, corporals, and sergeants received a seven-point five percent (7.5%) pay increase in March 2018 and will receive another seven-point five percent (7.5 %) increase in September 2018. In addition, other workers from the Deputy Sheriff’s Association will receive a two-point five percent (2.5%) increase. Background: The Calaveras County eighty-thousand (80,000) square foot correctional facility began operations in June of 2016 and has a one hundred-sixty (160) inmate maximum occupancy. As of September 2017, inmate occupancy was eighty-five (85), six (6) of whom were from Amador County. The lack of full occupancy is due to insufficient number of correctional staff. There are six (6) pods which segregate male and female inmates, (five (5) for males and one (1) for females) based on inmate medical needs, sentencing status, the type of crime and safety. In addition, there are eight (8) holding cells, three (3) of which are for mental health inmates or safety issues. The medical center has two (2) rooms and dental has one (1) room. There is a booking area, an outside inmate exercise area, visiting rooms and attorney rooms. All areas are well-monitored by cameras and with a control-locking system throughout the jail. 32 The current staff consisted as of September 2017 of one (1) Captain, two (2) Lieutenants, one (1) Correctional Sergeant, four (4) Correctional Corporals, (3) Correctional Technicians, nineteen (19) Correctional Officers, one (1) Sheriff Service Technician III, one (1) Correctional Cook I, and one (1) Correctional Cook II. At that time vacant positions consisted of one (1) Correctional Sergeant, one (1) Correctional Officer, and three (3) Correctional Technicians. Methodology and Approach: On September 11, 2017, the Calaveras Grand Jury met with the Calaveras County Sheriff, Correctional Captain, Sergeant, and Corporal. At that time, a question and answer interview session took place. In addition, a facility guided tour was provided. Reference Sources and Newspaper Articles:  “Inmate Rules,” Pamphlet by the Calaveras County Sheriff’s Department Custody Bureau-Jail Division.  “Roles of The Mental Health Therapist,” Calaveras County Jail form  “Request for Medical Care,” Calaveras County Jail form.  County of Calaveras Position Control List dated September 2, 2017 (3 pages).  Calaveras County Administrative Officer (CAO) Final Budget Worksheet, General Ledger Fiscal Year: 2017 (2 pages).  www.kvgcradio.com “Calaveras County Workers May Soon Be in For A Raise,” by KVGC Staff dated 22, January 2018.  www.calaverasenterprise.com/news/article “County Agrees to Worker Wage Increases,” by Jason Cowan date January 25, 2018 (2 pages).  www.calaverasenterprise.com/news/article “County Approves More Pay Increases,” by Jason Cowan dated February 22, 2018 (3 Pages).  www.calaverasenterprise.com/news/article “County Approves Additional Wage Increases,” by Jason Cowan dated March 1, 2018 (3 Pages).  www.calaverasenterprise.com/news/article “County Finds ‘Breathing Room’ In Midyear Budget,” by Jason Cowan dated March 2, 2018. (3 Pages).  The Valley Springs/Calaveras County News “Board Approves Labor Agreements With Union, deputies” by Nick Baptista dated January 26, 2018. Discussion and Narrative: After reviewing reference documents, newspaper articles, and conducting interviews and tours, the Grand Jury findings are as follows: Findings: F1. The Calaveras County Correctional facility is maintained immaculately and has modern environmental equipment such as solar panels reducing electrical cost, an inside controlled constant temperature of seventy-three degrees (73) and natural light allowing the facility to be well-lit. 33 F2. The kitchen equipment is state-of-the art and is well maintained. F3. High quality, nutritious and balanced food is served to the inmates. One (1) Head Cook, one (1) Assistant Cook and selected inmates prepare meals. Local Food Banks contribute and supplement with their overstock food. Bulk purchasing has a sufficient storage area. A large capacity cold storage refrigerator stores bulk amounts of food and is routinely inventoried and monitored for freshness. All food and chemicals were noted as stored safely. F4. Staff professionalism is a priority and apparent by the mutual respect exhibited between personnel and inmates. F5. Insufficient and inexperienced correctional staff (on average only have eighteen (18) months experience) contributes to safety issues, the ability to efficiently meet daily services and operational needs. Overtime adds to job stress. Although the control booths for the pods are designed for two (2) correctional officers, they are frequently only staffed by one (1) correctional officer due to lack of staffing. F6. For Fiscal Year 2017/2018 budget, overtime expense was budgeted for two hundred sixty-five thousand dollars ($265,000.00). F7. Staff wages are not industry competitive contributing to high turnover. Correctional staff to inmate ratio is at one to forty-five (1:45). Calaveras County serves as a training ground for better paying agencies. If this cycle continues it will cost the Calaveras County Jail Department more in unnecessary expenses over the years. F8. Additional nursing staff is needed to meet medical requirements and requests. Examples include safely administering medications and performing inmate medical assessments. F9. The Calaveras County Correctional Facility provides a safe and secure environment that promotes positive inmate behavior through fair, impartial and humane treatment of all individuals in the facility. F10. Deputies, corporals, and sergeants received a seven-point five percent (7.5%) pay increase in March 2018 and will receive another seven-point five percent (7.5 %) increase in September 2018. In addition, other workers from the Deputy Sheriff’s Association will receive a two-point five percent (2.5%) increase. Recommendations: The Grand Jury recommendations are as follows: F1. R1. None. F2. R1. None. 34 F3. R1. None. F4. R1. None. F5. R1. Calaveras County Human Resource Department needs to continue to request increases to the County Jail budget specifically to fill positions. In order to retain correctional personnel, reduce overtime expenses, reduce continual new employee expenses, stress that can contribute to health issues, loss of job availability, correctional staff and inmate safety, the Board of Supervisors needs to approve the increase in the County Jail budget. F6. R1. A portion of this budgeted overtime line item, two hundred sixty-five thousand dollars ($265,000.00), should be allocated to be used in the hiring of new correctional personnel for the next fiscal budget 2018/2019. F7. R1. We highly recommend that the Human Resource Department should complete, and the Board of Supervisors needs to approve a competitive wage study. F7. R2. Calaveras County Human Resource Department needs to request an increase in correctional staff salaries. In order to retain correctional staff, the Calaveras County Board of Supervisors needs to continue to approve the increase in wages to a competitive level. F8. R1. Calaveras County Human Resource Department and the Board of Supervisors needs to increase the County Jail budget specifically to fill an additional Nurse Practitioner position to meet medical inmate needs, requirements and requests. F9. R1. None. F10. R1. Calaveras County needs to continue to follow the Grand Jury’s recommendations for more equitable wage increases. Commendations: C1. The administrative and correctional staff are commended for the day-to-day operations that are performed at a highly professional standard without adequate administrative and correctional staffing. Their dedication to their profession is apparent and highly admirable. C2. The Calaveras County Board of Supervisors and the Calaveras County Human Resource Department are to be commended for the announced wage increases for the Sheriff’s office employees. 35 Request for Responses: Pursuant to Penal Code, section 933.05, the Grand Jury requests responses as follows:  Calaveras County Correctional Department F5. R1 F6. R1 F7. R1  Calaveras County Human Resource Department F5. R1 F7. R2 F6. R1 F8. R.1 F7. R1  Calaveras Board of Supervisors F5. R1 F7. R2 F6. R1 F8. R1 F7. R1 F10. R1 The government bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code Section 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. 36 Vallecito Camp Facility 38 37 Summary: The Grand Jury decision to inquire was not complaint driven but in accordance with the California Penal Code, section 919 (b). The conduct of the Grand Jury is delineated by the California Penal Code, section 888-945. The Grand Jury is obligated to inquire and assess the facility condition, and the over-all operations and management of the public correctional facilities within Calaveras County. Although Vallecito Conservation Camp is a state facility, it is within Calaveras County. The Grand Jury findings are as follows:  The overall condition of the Vallecito Conservation Camp Facility was found to be clean and maintained well.  The Vallecito Conservation Camp staff and inmates have a mutual respect and inmates are motivated.  There are spiritual programs and self-improvement programs provided by community volunteers. A General Equivalency Diploma (GED) Program additionally is available.  Contraband is often hidden in the couches in the TV room.  The 2016/2017 Grand Jury recommended new couches for the TV room. The couches have not been replaced.  The main inmate violations are methamphetamine, other drugs, and cell phones. The only consequence for inmate violations is a loss of pay for thirty (30) days.  Communication systems are inadequate and out-of-date for use between Officers and from Officers to the main office especially in case of an emergency. The current cordless phones do not extend beyond fifteen (15) feet from the phone’s base. The radios were non-operative during our visit. Officers may risk a violation if they must use their personal cell phone during emergencies. The facility is spread over a large area with no perimeter fencing. This contributes to safety issues for personnel and inmates. Background: Vallecito Conservation Camp, CC#1, was constructed and opened in 1958. Vallecito Conservation Camp is under the administrative supervision of Sierra Conservation Center (SCC). The camp’s primary mission is to provide inmate firefighting crews for fire suppression and flood control activities in Calaveras and Tuolumne County areas as well as throughout the state of California. In addition to fire suppression and flood control, inmate fire crews provide a workforce for community service projects in the local area. The CAL FIRE in-camp project is pressure-testing and repair of fire hoses. The California Department of Corrections and Rehabilitation (CDCR) in-camp project is a large vegetable garden. CDCR is responsible for the supervision, care and discipline of inmates. CDCR and CAL FIRE cooperatively maintain Vallecito Conservation Camp. CAL FIRE/CDCR supervise the inmate work crews and are responsible for the safe custody of inmates while on their daily community service projects. Vallecito Conservation Camp maintains and operates a Food Dispensing Unit (FDU), which is dispatched to various emergencies throughout the state and is capable of serving 39 up to 350 meals in remote areas. CDCR/CAL FIRE share the responsibility of training and supervising the inmate crew necessary to support this operation. Inmate Programs: Spiritual services are provided by community volunteers. The camp offers Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) programs weekly to the inmates of the camp. There is currently a (GED) program and college courses are available for the inmates during their non-work hours. CDCR also operates a hobby craft program for a limited amount of qualified inmates. Inmates learn that life at a conservation camp is more desirable than behind the walls of a prison and, therefore conduct themselves accordingly. CDCR Camp Staff:  One Camp Commander  One Assistant Camp Commander  Seven Correctional Officers CAL Fire Camp Staff:  One Division Chief  Ten Fire Crew Captains  One Heavy Equipment Mechanic  One Water and Sewage Plant operator  One Office Technician. Facts and figures:  Total Staff (CDCR)2018: Nine  Total Staffing (CAL-FIRE)2018: Fourteen  Total Inmates (as of January 16, 2018): Eighty-eight Camp Project: Cal Fire operates a fire hose testing and repair station for the Tuolumne- Calaveras Ranger Unit as well as for fire departments within the two counties. Community Service Projects: The crews also complete conservation and community service projects throughout the Sierras, for example, hazardous tree removal, campground clean-up and maintenance, hiking trail construction and maintenance, and brush removal on county roads. 40 Methodology and Approach: On December 13, 2017, the Calaveras Grand Jury met at the Vallecito Conservation Camp #1 with a correctional officer. At that time, a question and answer interview session took place. In addition, a facility guided tour was given and an inspection was conducted by the Grand Jury. At the time of the tour, four of the five crews were on the Southern California fires. A second meeting for an interview and tour was agreed to for January 2018 without a date set. The purpose of this meeting was to speak with the camp commander who was not present on December 13, 2017. This second meeting and tour was cancelled due to fire crews working the serious Southern California wild fires. Phone calls were made to Vallecito Conservation Camp Facility on January 17, February 2, and February 12, 2018 to set a second meeting and tour. No one answered the phone with each phone call attempt and messages were left with each phone call made. Reference Source:  https://www.cdcr.ca.gov/Conservation_Camps/Vallecito/index.html Discussion and Narrative: After the interview, tour, and a review of the Vallecito Conservation Camp web site information, the Grand Jury findings are as follows: Findings: F1. The overall condition of the Vallecito Conservation Camp was found to be clean and maintained well. F2. The Vallecito Conservation Camp staff and inmates have a mutual respect and inmates are motivated. F3. There are spiritual and self-improvement programs provided by community volunteers. A General Equivalency Diploma (GED) Program additionally is available. F4. The 2016/2017 Grand Jury recommended new couches for the TV room. The couches have not been replaced. F5. Contraband is being hidden in the couches in the TV room. F6. The main inmate violations are methamphetamine, other drugs and cell phones. The only consequence for inmate violations is a loss of pay for thirty days. F7. Communication systems are inadequate and out-of-date for use between officers, and from officers to the main office, especially in case of an emergency. The current cordless phones do not extend beyond fifteen feet from the phone’s base. The radios were non-operative during our visit. Officers may risk a violation if they must use their 41 personal cell phone during emergencies. The facility is spread over a large area with no perimeter fencing. This contributes to safety issues for personnel and inmates. Recommendations: The Grand Jury recommendations are as follows: F1. R1. None. F2. R1. None. F3. R1. None. F4. R1. Vallecito Conservation management needs to budget and have approved replacement seating for the TV room. The 2016/2017 Grand Jury recommended new couches for the TV room. The couches have not been replaced. F5. R1. Vallecito Conservation management needs to replace couches for the TV room with seating to prevent the hiding of contraband. F6. R1. The Grand Jury recommends that the Vallecito Conservation Camp management and California Department of Corrections and Rehabilitation (CDCR) review policies and procedures and institute increasing disciplinary action for contraband violations. F7. R1. An industry approved functioning radio and phone system for officers should be budgeted for, approved and installed by Vallecito Conservation management within the next fiscal budget year. Commendations: C1. The overall condition of the Vallecito Conservation Camp facility was found to be clean and maintained well. Management and supervision are to be commended (F1). C2. The Grand Jury commends the Vallecito Conservation Camp staff and inmates for their mutual respect and cooperation. These favorable conditions motivate inmates to remain in the program (F2). C3. There are spiritual and self-improvement programs provided by community volunteers. A General Equivalency Diploma (GED) is also available (F3). 42 Request for Responses: Pursuant to Penal Code section 933.05, the Grand Jury requests responses as follows:  Vallecito Conservation Camp Management F4. R1 F6. R1 F5. R1 F7. R1  Sierra Conservation Center (SCC) F7. R1  California Department of Corrections and Rehabilitation (CDCR) F4. R1 F6. R1 F5. R1 F7. R1  CAL Fire F7. R1 The government bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code Section 933 (c) and subject to the notice, agenda and open meeting requirements of the Brown Act. 43 Measure E Election 2016 45 44 Summary: In response to a citizen complaint, the Grand Jury investigated the Calaveras County Election Department’s process related to the distribution of ballots. Even though provisions had been in place to ensure correct issuance of ballots, seven ballots were erroneously issued during the 2016 elections concerning Measure E. Investigations by the Grand Jury resulted in four findings. A key finding is that the individual who heads the Elections Division, the Calaveras County Clerk- Recorder-Registrar of Voters, is charged with multiple duties and finite resources. Furthermore, the recruiting and training of poll workers are continuous challenges. The Grand Jury provides several recommendations to address these findings. A key recommendation is the implementation of SB 450, California Voter’s Choice Act vote center model. The Grand Jury findings are as follows:  The Calaveras County Clerk-Recorder-Registrar of Voters, as head of the Elections Division, is charged with multiple, complex duties and finite resources.  Recruiting and training of poll workers are on-going challenges.  Although provisions were in place to ensure correct ballots to voters, there were seven ballots erroneously issued during the 2016 election concerning Measure E.  Determining the jurisdiction of ballots for special districts is complex. Seven voters were disenfranchised in a special district election in 2016. However, according to the Elections Division’s numerical determination, those disenfranchised voters would not have changed the election outcome. Background: The purpose of the investigation was to identify any problems in ballot distribution in the 2016 election concerning Measure E issued by the Middle River Community Service District (CSD). The Grand Jury found the Calaveras County Clerk-Recorder-Registrar of Voters office is composed of five departments: Vitals, Fictitious Business Names, Elections, Fees and Land Records. The Elections Division tasks include the organization of rosters of registered voters, securing poll locations and ensuring accessibility, staffing and training poll/election workers, determining correct ballot distribution based on jurisdictions, monitoring precincts/poll locations, certifying election results and monitoring and implementing changes to election codes. Senate Bill (SB) 450 which took effect beginning January 1, 2018, established a new option for California counties to administer elections. This bill allows counties to send every registered voter a mail-in ballot. Furthermore, SB 450, establishes voting centers as ballot drop-off locations that must be open a minimum of ten days before Election Day. 46 Methodology and Approach: The Grand Jury interviewed the Calaveras County Clerk-Recorder-Registrar of Voters representative, reviewed the Election website (Election.Calaveras.gov), the California Secretary of State complaint website (http://www.sos.ca.gov/notary/file-complaint/) and various election documents. Interviews:  Calaveras County Clerk-Recorder-Registrar of Voters representative  Former roving inspector for Contra Costa County elections Documents:  Election.Calaveras.gov website  California Secretary of State complaint website: http://www.sos.ca.gov/notary/file- complaint/  California Secretary of State website: http://bpd.cdn.sos.ca.gov/pdf/sb450-fact-sheet/  Alphabetical list of voters by Regular Precinct  Election results  Correspondence from Elections Division. Calaveras County  Correspondence from Secretary of State’s Office of Investigative Services  Precinct Officers Training Manual (Primary & General Election 2016)  Parcel Tax Increase Resolution  Poll Workers Training Standards. California Secretary of State’s Office, Sacramento CA 2016  Poll Workers Reference Guide. Contra Costa County Clerk-Recorder Elections Department, Martinez CA 2013  Election Officers Digest State of California. California Secretary of State’s Office, Sacramento CA 2016  Citizens Guide to Qualifying a Measure for Ballot (Calaveras Co.). County Clerk- Recorder/Registrar of Voters, Calaveras County Election’s Office, San Andreas CA August 2017 Citation for the following documents— County Clerk-Recorder/Registrar of Voters, Calaveras County Election’s Office, San Andreas CA August 2016  Voting by Precinct Registration Report Measure E, November 8, 2016 general election  Alphabetical list of voters by regular precinct November 8, 2016  Provisional voters for District 35.009 Calaveras County Community (Middle River) Service District (CSD) November 8, 2016  Inactive voter register list November 8, 2016  Active voter Precinct 240  Reviewed all correspondence, relative to the Measure E complaint, with County Clerk Recorder Registrar of Voters  Student Poll Officers program description  Calaveras County employee application to serve as election officer  Applications for precinct officers for November 8, 2016 47 Discussion and Narrative: Ballot distribution was the main concern after reading documents and conducting interviews. Policies and procedures for poll worker training and supervision on Election Day were also part of the investigation. After review of documents and interviews, the Grand Jury’s findings are as follows: Findings: F1. The Calaveras County Clerk-Recorder-Registrar of Voters, as head of the Elections Division, is charged with multiple, complex duties and finite resources. F2. Recruiting and training of poll workers are on-going challenges. F3. Although provisions were in place to ensure correct ballots to voters, there were seven ballots erroneously issued during the 2016 election concerning Measure E. F4. Determining the jurisdiction of ballots for special districts is complex. Seven voters were disenfranchised in a special district election in 2016. However, according to the Elections Division’s numerical determination, those disenfranchised voters would not have changed the election outcome. Recommendations: After review of documents and interviews, the Grand Jury’s recommendations are as follows: F1.R1. The Calaveras County Clerk-Recorder-Registrar of Voters implement SB 450: California Voter’s Choice Act vote center model. F1.R2. The Calaveras County Clerk-Recorder-Registrar of Voters implement SB 450 with the support of the Board of Supervisors’ approval of adequate funding in the budget to support the Elections Division and implementation of SB 450. F2.R1. The Calaveras County Clerk-Recorder-Registrar of Voters implement SB 450 to reduce training demands and staffing. F3.R1. The Calaveras County Clerk-Recorder-Registrar of Voters implement SB 450 to reduce problems with ballot distribution. F3.R2. The Calaveras County Clerk-Recorder-Registrar of Voters continue to review and revise the Elections Division quality assurance/control procedures in order to eliminate mistakes in the distribution of ballots. F4.R1. Middle River (CSD) revisit Measure E and determine if it should be on the next ballot. 48 F4.R2. The Calaveras County Clerk-Recorder-Registrar of Voters implement SB 450 to reduce problems with ballot distribution. F4.R3. The Calaveras County Clerk-Recorder-Registrar of Voters (Elections Division) establish a policy to waive the filing fee in cases that involve the disenfranchisement of voters. Commendations: C1. The Calaveras County Clerk-Recorder-Registrar of Voters does a great job managing the complexity of identifying jurisdictions for special districts. The Calaveras County Clerk- Recorder-Registrar of Voters responded to the complaint from Middle River (CSD) about the distribution of ballots on the day of the election and the subsequent complaint that followed from Middle River (CSD) in a timely and professional manner (See F4). Request for Responses: Pursuant to Penal Code Section 933.05, the Grand Jury requests responses as follows:  Calaveras County Board of Supervisors: F1.R2  Calaveras County Clerk-Recorder-Registrar of Voters: F1.R1 F2.R1 F3.R1, R2 F4.R2, R3  Calaveras County Community Service District (Middle River): F4.R1 The government bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code Section 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. 49 Responses to the 2016-2017 Grand Jury Report 50 RESPONSES TO THE 2016-2017 GRAND JURY REPORT The Grand Jury releases its final report at the end of its term. Most, if not all, of the responses are received after the new Grand Jury has been seated and these responses become its responsibility. Unlike many counties, the Calaveras County Grand Jury have holdovers who return to assist the new Jury in the way the Grand Jury conducts business and aid in the analysis of the responses. To assure continuity, it is important to carefully track and evaluate responses. Responses are tracked to inform the public, ensure follow up, promote solutions, and reduce the number of unresponsive answers. Public scrutiny of the responses can improve the impact of the Grand Jury's reports and recommendations as well as increase the credibility of the elected officials and department heads whose areas were investigated. The new Grand Jury reviews the findings and recommendations of the prior year's Jury and the ensuing responses. When necessary, these responses are discussed with the appropriate standing committees for follow-up comments. If it is determined that more information is needed, Jury members may meet with the respondents to discuss specific responses. The Grand Jury refers to the California Penal Code (CPC) for follow up, summarization, and analysis of the responses from the responding officials and departments. Pursuant to CPC §933 and §933.05 there are time limits for responses and each Finding and Recommendation may either require or request a response from the party addressed. Specifically worded responses are limited by the CPC. Responses may include additional information to clarify a specific response. RESPONSE TIME LIMITS CPC §933 (c) "...No 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 every elected county officer or agency head for which the grand jury has responsibility pursuant to §914.1 shall comment within 60 days 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. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years. 51 53 55 56 58 60 61 63 64 66 68 70 71 73 74 76 77 79 80 81 82 84 86 87 County District Map for Supervisory Election District 1: Gary Tofanelli District 2: Jack Garamendi District 3: Michael C. Oliveira District 4: Dennis Mills District 5: Clyde Clapp 88
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  C1. The administrative and correctional staff are commended for the day-to-day operations that are performed at a highly professional standard without adequate administrative and correctional staffing. Their dedication to their profession is apparent and highly admirable. C2. The Calaveras County Board of Supervisors and the Calaveras County Human Resource Department are to be commended for the announced wage increases for the Sheriff’s office employees. 35 Request for Responses: Pursuant to Penal Code, section 933.05, the Grand Jury requests responses as follows:  Calaveras County Correctional Department F5. R1 F6. R1 F7. R1  Calaveras County Human Resource Department F5. R1 F7. R2 F6. R1 F8. R.1 F7. R1  Calaveras Board of Supervisors F5. R1 F7. R2 F6. R1 F8. R1 F7. R1 F10. R1 The government bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code Section 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. 36 Vallecito Camp Facility 38 37 Summary: The Grand Jury decision to inquire was not complaint driven but in accordance with the California Penal Code, section 919 (b). The conduct of the Grand Jury is delineated by the California Penal Code, section 888-945. The Grand Jury is obligated to inquire and assess the facility condition, and the over-all operations and management of the public correctional facilities within Calaveras County. Although Vallecito Conservation Camp is a state facility, it is within Calaveras County. The Grand Jury findings are as follows:  The overall condition of the Vallecito Conservation Camp Facility was found to be clean and maintained well.  The Vallecito Conservation Camp staff and inmates have a mutual respect and inmates are motivated.  There are spiritual programs and self-improvement programs provided by community volunteers. A General Equivalency Diploma (GED) Program additionally is available.  Contraband is often hidden in the couches in the TV room.  The 2016/2017 Grand Jury recommended new couches for the TV room. The couches have not been replaced.  The main inmate violations are methamphetamine, other drugs, and cell phones. The only consequence for inmate violations is a loss of pay for thirty (30) days.  Communication systems are inadequate and out-of-date for use between Officers and from Officers to the main office especially in case of an emergency. The current cordless phones do not extend beyond fifteen (15) feet from the phone’s base. The radios were non-operative during our visit. Officers may risk a violation if they must use their personal cell phone during emergencies. The facility is spread over a large area with no perimeter fencing. This contributes to safety issues for personnel and inmates. Background: Vallecito Conservation Camp, CC#1, was constructed and opened in 1958. Vallecito Conservation Camp is under the administrative supervision of Sierra Conservation Center (SCC). The camp’s primary mission is to provide inmate firefighting crews for fire suppression and flood control activities in Calaveras and Tuolumne County areas as well as throughout the state of California. In addition to fire suppression and flood control, inmate fire crews provide a workforce for community service projects in the local area. The CAL FIRE in-camp project is pressure-testing and repair of fire hoses. The California Department of Corrections and Rehabilitation (CDCR) in-camp project is a large vegetable garden. CDCR is responsible for the supervision, care and discipline of inmates. CDCR and CAL FIRE cooperatively maintain Vallecito Conservation Camp. CAL FIRE/CDCR supervise the inmate work crews and are responsible for the safe custody of inmates while on their daily community service projects. Vallecito Conservation Camp maintains and operates a Food Dispensing Unit (FDU), which is dispatched to various emergencies throughout the state and is capable of serving 39 up to 350 meals in remote areas. CDCR/CAL FIRE share the responsibility of training and supervising the inmate crew necessary to support this operation. Inmate Programs: Spiritual services are provided by community volunteers. The camp offers Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) programs weekly to the inmates of the camp. There is currently a (GED) program and college courses are available for the inmates during their non-work hours. CDCR also operates a hobby craft program for a limited amount of qualified inmates. Inmates learn that life at a conservation camp is more desirable than behind the walls of a prison and, therefore conduct themselves accordingly. CDCR Camp Staff:  One Camp Commander  One Assistant Camp Commander  Seven Correctional Officers CAL Fire Camp Staff:  One Division Chief  Ten Fire Crew Captains  One Heavy Equipment Mechanic  One Water and Sewage Plant operator  One Office Technician. Facts and figures:  Total Staff (CDCR)2018: Nine  Total Staffing (CAL-FIRE)2018: Fourteen  Total Inmates (as of January 16, 2018): Eighty-eight Camp Project: Cal Fire operates a fire hose testing and repair station for the Tuolumne- Calaveras Ranger Unit as well as for fire departments within the two counties. Community Service Projects: The crews also complete conservation and community service projects throughout the Sierras, for example, hazardous tree removal, campground clean-up and maintenance, hiking trail construction and maintenance, and brush removal on county roads. 40 Methodology and Approach: On December 13, 2017, the Calaveras Grand Jury met at the Vallecito Conservation Camp #1 with a correctional officer. At that time, a question and answer interview session took place. In addition, a facility guided tour was given and an inspection was conducted by the Grand Jury. At the time of the tour, four of the five crews were on the Southern California fires. A second meeting for an interview and tour was agreed to for January 2018 without a date set. The purpose of this meeting was to speak with the camp commander who was not present on December 13, 2017. This second meeting and tour was cancelled due to fire crews working the serious Southern California wild fires. Phone calls were made to Vallecito Conservation Camp Facility on January 17, February 2, and February 12, 2018 to set a second meeting and tour. No one answered the phone with each phone call attempt and messages were left with each phone call made. Reference Source:  https://www.cdcr.ca.gov/Conservation_Camps/Vallecito/index.html Discussion and Narrative: After the interview, tour, and a review of the Vallecito Conservation Camp web site information, the Grand Jury findings are as follows: Findings: F1. The overall condition of the Vallecito Conservation Camp was found to be clean and maintained well. F2. The Vallecito Conservation Camp staff and inmates have a mutual respect and inmates are motivated. F3. There are spiritual and self-improvement programs provided by community volunteers. A General Equivalency Diploma (GED) Program additionally is available. F4. The 2016/2017 Grand Jury recommended new couches for the TV room. The couches have not been replaced. F5. Contraband is being hidden in the couches in the TV room. F6. The main inmate violations are methamphetamine, other drugs and cell phones. The only consequence for inmate violations is a loss of pay for thirty days. F7. Communication systems are inadequate and out-of-date for use between officers, and from officers to the main office, especially in case of an emergency. The current cordless phones do not extend beyond fifteen feet from the phone’s base. The radios were non-operative during our visit. Officers may risk a violation if they must use their 41 personal cell phone during emergencies. The facility is spread over a large area with no perimeter fencing. This contributes to safety issues for personnel and inmates. Recommendations: The Grand Jury recommendations are as follows: F1. R1. None. F2. R1. None. F3. R1. None. F4. R1. Vallecito Conservation management needs to budget and have approved replacement seating for the TV room. The 2016/2017 Grand Jury recommended new couches for the TV room. The couches have not been replaced. F5. R1. Vallecito Conservation management needs to replace couches for the TV room with seating to prevent the hiding of contraband. F6. R1. The Grand Jury recommends that the Vallecito Conservation Camp management and California Department of Corrections and Rehabilitation (CDCR) review policies and procedures and institute increasing disciplinary action for contraband violations. F7. R1. An industry approved functioning radio and phone system for officers should be budgeted for, approved and installed by Vallecito Conservation management within the next fiscal budget year. Commendations: C1. The overall condition of the Vallecito Conservation Camp facility was found to be clean and maintained well. Management and supervision are to be commended (F1). C2. The Grand Jury commends the Vallecito Conservation Camp staff and inmates for their mutual respect and cooperation. These favorable conditions motivate inmates to remain in the program (F2). C3. There are spiritual and self-improvement programs provided by community volunteers. A General Equivalency Diploma (GED) is also available (F3). 42 Request for Responses: Pursuant to Penal Code section 933.05, the Grand Jury requests responses as follows:  Vallecito Conservation Camp Management F4. R1 F6. R1 F5. R1 F7. R1  Sierra Conservation Center (SCC) F7. R1  California Department of Corrections and Rehabilitation (CDCR) F4. R1 F6. R1 F5. R1 F7. R1  CAL Fire F7. R1 The government bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code Section 933 (c) and subject to the notice, agenda and open meeting requirements of the Brown Act. 43 Measure E Election 2016 45 44 Summary: In response to a citizen complaint, the Grand Jury investigated the Calaveras County Election Department’s process related to the distribution of ballots. Even though provisions had been in place to ensure correct issuance of ballots, seven ballots were erroneously issued during the 2016 elections concerning Measure E. Investigations by the Grand Jury resulted in four findings. A key finding is that the individual who heads the Elections Division, the Calaveras County Clerk- Recorder-Registrar of Voters, is charged with multiple duties and finite resources. Furthermore, the recruiting and training of poll workers are continuous challenges. The Grand Jury provides several recommendations to address these findings. A key recommendation is the implementation of SB 450, California Voter’s Choice Act vote center model. The Grand Jury findings are as follows:  The Calaveras County Clerk-Recorder-Registrar of Voters, as head of the Elections Division, is charged with multiple, complex duties and finite resources.  Recruiting and training of poll workers are on-going challenges.  Although provisions were in place to ensure correct ballots to voters, there were seven ballots erroneously issued during the 2016 election concerning Measure E.  Determining the jurisdiction of ballots for special districts is complex. Seven voters were disenfranchised in a special district election in 2016. However, according to the Elections Division’s numerical determination, those disenfranchised voters would not have changed the election outcome. Background: The purpose of the investigation was to identify any problems in ballot distribution in the 2016 election concerning Measure E issued by the Middle River Community Service District (CSD). The Grand Jury found the Calaveras County Clerk-Recorder-Registrar of Voters office is composed of five departments: Vitals, Fictitious Business Names, Elections, Fees and Land Records. The Elections Division tasks include the organization of rosters of registered voters, securing poll locations and ensuring accessibility, staffing and training poll/election workers, determining correct ballot distribution based on jurisdictions, monitoring precincts/poll locations, certifying election results and monitoring and implementing changes to election codes. Senate Bill (SB) 450 which took effect beginning January 1, 2018, established a new option for California counties to administer elections. This bill allows counties to send every registered voter a mail-in ballot. Furthermore, SB 450, establishes voting centers as ballot drop-off locations that must be open a minimum of ten days before Election Day. 46 Methodology and Approach: The Grand Jury interviewed the Calaveras County Clerk-Recorder-Registrar of Voters representative, reviewed the Election website (Election.Calaveras.gov), the California Secretary of State complaint website (http://www.sos.ca.gov/notary/file-complaint/) and various election documents. Interviews:  Calaveras County Clerk-Recorder-Registrar of Voters representative  Former roving inspector for Contra Costa County elections Documents:  Election.Calaveras.gov website  California Secretary of State complaint website: http://www.sos.ca.gov/notary/file- complaint/  California Secretary of State website: http://bpd.cdn.sos.ca.gov/pdf/sb450-fact-sheet/  Alphabetical list of voters by Regular Precinct  Election results  Correspondence from Elections Division. Calaveras County  Correspondence from Secretary of State’s Office of Investigative Services  Precinct Officers Training Manual (Primary & General Election 2016)  Parcel Tax Increase Resolution  Poll Workers Training Standards. California Secretary of State’s Office, Sacramento CA 2016  Poll Workers Reference Guide. Contra Costa County Clerk-Recorder Elections Department, Martinez CA 2013  Election Officers Digest State of California. California Secretary of State’s Office, Sacramento CA 2016  Citizens Guide to Qualifying a Measure for Ballot (Calaveras Co.). County Clerk- Recorder/Registrar of Voters, Calaveras County Election’s Office, San Andreas CA August 2017 Citation for the following documents— County Clerk-Recorder/Registrar of Voters, Calaveras County Election’s Office, San Andreas CA August 2016  Voting by Precinct Registration Report Measure E, November 8, 2016 general election  Alphabetical list of voters by regular precinct November 8, 2016  Provisional voters for District 35.009 Calaveras County Community (Middle River) Service District (CSD) November 8, 2016  Inactive voter register list November 8, 2016  Active voter Precinct 240  Reviewed all correspondence, relative to the Measure E complaint, with County Clerk Recorder Registrar of Voters  Student Poll Officers program description  Calaveras County employee application to serve as election officer  Applications for precinct officers for November 8, 2016 47 Discussion and Narrative: Ballot distribution was the main concern after reading documents and conducting interviews. Policies and procedures for poll worker training and supervision on Election Day were also part of the investigation. After review of documents and interviews, the Grand Jury’s findings are as follows: Findings: F1. The Calaveras County Clerk-Recorder-Registrar of Voters, as head of the Elections Division, is charged with multiple, complex duties and finite resources. F2. Recruiting and training of poll workers are on-going challenges. F3. Although provisions were in place to ensure correct ballots to voters, there were seven ballots erroneously issued during the 2016 election concerning Measure E. F4. Determining the jurisdiction of ballots for special districts is complex. Seven voters were disenfranchised in a special district election in 2016. However, according to the Elections Division’s numerical determination, those disenfranchised voters would not have changed the election outcome. Recommendations: After review of documents and interviews, the Grand Jury’s recommendations are as follows: F1.R1. The Calaveras County Clerk-Recorder-Registrar of Voters implement SB 450: California Voter’s Choice Act vote center model. F1.R2. The Calaveras County Clerk-Recorder-Registrar of Voters implement SB 450 with the support of the Board of Supervisors’ approval of adequate funding in the budget to support the Elections Division and implementation of SB 450. F2.R1. The Calaveras County Clerk-Recorder-Registrar of Voters implement SB 450 to reduce training demands and staffing. F3.R1. The Calaveras County Clerk-Recorder-Registrar of Voters implement SB 450 to reduce problems with ballot distribution. F3.R2. The Calaveras County Clerk-Recorder-Registrar of Voters continue to review and revise the Elections Division quality assurance/control procedures in order to eliminate mistakes in the distribution of ballots. F4.R1. Middle River (CSD) revisit Measure E and determine if it should be on the next ballot. 48 F4.R2. The Calaveras County Clerk-Recorder-Registrar of Voters implement SB 450 to reduce problems with ballot distribution. F4.R3. The Calaveras County Clerk-Recorder-Registrar of Voters (Elections Division) establish a policy to waive the filing fee in cases that involve the disenfranchisement of voters. Commendations: C1. The Calaveras County Clerk-Recorder-Registrar of Voters does a great job managing the complexity of identifying jurisdictions for special districts. The Calaveras County Clerk- Recorder-Registrar of Voters responded to the complaint from Middle River (CSD) about the distribution of ballots on the day of the election and the subsequent complaint that followed from Middle River (CSD) in a timely and professional manner (See F4). Request for Responses: Pursuant to Penal Code Section 933.05, the Grand Jury requests responses as follows:  Calaveras County Board of Supervisors: F1.R2  Calaveras County Clerk-Recorder-Registrar of Voters: F1.R1 F2.R1 F3.R1, R2 F4.R2, R3  Calaveras County Community Service District (Middle River): F4.R1 The government bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code Section 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. 49 Responses to the 2016-2017 Grand Jury Report 50 RESPONSES TO THE 2016-2017 GRAND JURY REPORT The Grand Jury releases its final report at the end of its term. Most, if not all, of the responses are received after the new Grand Jury has been seated and these responses become its responsibility. Unlike many counties, the Calaveras County Grand Jury have holdovers who return to assist the new Jury in the way the Grand Jury conducts business and aid in the analysis of the responses. To assure continuity, it is important to carefully track and evaluate responses. Responses are tracked to inform the public, ensure follow up, promote solutions, and reduce the number of unresponsive answers. Public scrutiny of the responses can improve the impact of the Grand Jury's reports and recommendations as well as increase the credibility of the elected officials and department heads whose areas were investigated. The new Grand Jury reviews the findings and recommendations of the prior year's Jury and the ensuing responses. When necessary, these responses are discussed with the appropriate standing committees for follow-up comments. If it is determined that more information is needed, Jury members may meet with the respondents to discuss specific responses. The Grand Jury refers to the California Penal Code (CPC) for follow up, summarization, and analysis of the responses from the responding officials and departments. Pursuant to CPC §933 and §933.05 there are time limits for responses and each Finding and Recommendation may either require or request a response from the party addressed. Specifically worded responses are limited by the CPC. Responses may include additional information to clarify a specific response. RESPONSE TIME LIMITS CPC §933 (c) "...No 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 every elected county officer or agency head for which the grand jury has responsibility pursuant to §914.1 shall comment within 60 days 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. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years. 51 53 55 56 58 60 61 63 64 66 68 70 71 73 74 76 77 79 80 81 82 84 86 87 County District Map for Supervisory Election District 1: Gary Tofanelli District 2: Jack Garamendi District 3: Michael C. Oliveira District 4: Dennis Mills District 5: Clyde Clapp 88
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  C1. The overall condition of the Vallecito Conservation Camp facility was found to be clean and maintained well. Management and supervision are to be commended (F1). C2. The Grand Jury commends the Vallecito Conservation Camp staff and inmates for their mutual respect and cooperation. These favorable conditions motivate inmates to remain in the program (F2). C3. There are spiritual and self-improvement programs provided by community volunteers. A General Equivalency Diploma (GED) is also available (F3). 42 Request for Responses: Pursuant to Penal Code section 933.05, the Grand Jury requests responses as follows:  Vallecito Conservation Camp Management F4. R1 F6. R1 F5. R1 F7. R1  Sierra Conservation Center (SCC) F7. R1  California Department of Corrections and Rehabilitation (CDCR) F4. R1 F6. R1 F5. R1 F7. R1  CAL Fire F7. R1 The government bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code Section 933 (c) and subject to the notice, agenda and open meeting requirements of the Brown Act. 43 Measure E Election 2016 45 44 Summary: In response to a citizen complaint, the Grand Jury investigated the Calaveras County Election Department’s process related to the distribution of ballots. Even though provisions had been in place to ensure correct issuance of ballots, seven ballots were erroneously issued during the 2016 elections concerning Measure E. Investigations by the Grand Jury resulted in four findings. A key finding is that the individual who heads the Elections Division, the Calaveras County Clerk- Recorder-Registrar of Voters, is charged with multiple duties and finite resources. Furthermore, the recruiting and training of poll workers are continuous challenges. The Grand Jury provides several recommendations to address these findings. A key recommendation is the implementation of SB 450, California Voter’s Choice Act vote center model. The Grand Jury findings are as follows:  The Calaveras County Clerk-Recorder-Registrar of Voters, as head of the Elections Division, is charged with multiple, complex duties and finite resources.  Recruiting and training of poll workers are on-going challenges.  Although provisions were in place to ensure correct ballots to voters, there were seven ballots erroneously issued during the 2016 election concerning Measure E.  Determining the jurisdiction of ballots for special districts is complex. Seven voters were disenfranchised in a special district election in 2016. However, according to the Elections Division’s numerical determination, those disenfranchised voters would not have changed the election outcome. Background: The purpose of the investigation was to identify any problems in ballot distribution in the 2016 election concerning Measure E issued by the Middle River Community Service District (CSD). The Grand Jury found the Calaveras County Clerk-Recorder-Registrar of Voters office is composed of five departments: Vitals, Fictitious Business Names, Elections, Fees and Land Records. The Elections Division tasks include the organization of rosters of registered voters, securing poll locations and ensuring accessibility, staffing and training poll/election workers, determining correct ballot distribution based on jurisdictions, monitoring precincts/poll locations, certifying election results and monitoring and implementing changes to election codes. Senate Bill (SB) 450 which took effect beginning January 1, 2018, established a new option for California counties to administer elections. This bill allows counties to send every registered voter a mail-in ballot. Furthermore, SB 450, establishes voting centers as ballot drop-off locations that must be open a minimum of ten days before Election Day. 46 Methodology and Approach: The Grand Jury interviewed the Calaveras County Clerk-Recorder-Registrar of Voters representative, reviewed the Election website (Election.Calaveras.gov), the California Secretary of State complaint website (http://www.sos.ca.gov/notary/file-complaint/) and various election documents. Interviews:  Calaveras County Clerk-Recorder-Registrar of Voters representative  Former roving inspector for Contra Costa County elections Documents:  Election.Calaveras.gov website  California Secretary of State complaint website: http://www.sos.ca.gov/notary/file- complaint/  California Secretary of State website: http://bpd.cdn.sos.ca.gov/pdf/sb450-fact-sheet/  Alphabetical list of voters by Regular Precinct  Election results  Correspondence from Elections Division. Calaveras County  Correspondence from Secretary of State’s Office of Investigative Services  Precinct Officers Training Manual (Primary & General Election 2016)  Parcel Tax Increase Resolution  Poll Workers Training Standards. California Secretary of State’s Office, Sacramento CA 2016  Poll Workers Reference Guide. Contra Costa County Clerk-Recorder Elections Department, Martinez CA 2013  Election Officers Digest State of California. California Secretary of State’s Office, Sacramento CA 2016  Citizens Guide to Qualifying a Measure for Ballot (Calaveras Co.). County Clerk- Recorder/Registrar of Voters, Calaveras County Election’s Office, San Andreas CA August 2017 Citation for the following documents— County Clerk-Recorder/Registrar of Voters, Calaveras County Election’s Office, San Andreas CA August 2016  Voting by Precinct Registration Report Measure E, November 8, 2016 general election  Alphabetical list of voters by regular precinct November 8, 2016  Provisional voters for District 35.009 Calaveras County Community (Middle River) Service District (CSD) November 8, 2016  Inactive voter register list November 8, 2016  Active voter Precinct 240  Reviewed all correspondence, relative to the Measure E complaint, with County Clerk Recorder Registrar of Voters  Student Poll Officers program description  Calaveras County employee application to serve as election officer  Applications for precinct officers for November 8, 2016 47 Discussion and Narrative: Ballot distribution was the main concern after reading documents and conducting interviews. Policies and procedures for poll worker training and supervision on Election Day were also part of the investigation. After review of documents and interviews, the Grand Jury’s findings are as follows: Findings: F1. The Calaveras County Clerk-Recorder-Registrar of Voters, as head of the Elections Division, is charged with multiple, complex duties and finite resources. F2. Recruiting and training of poll workers are on-going challenges. F3. Although provisions were in place to ensure correct ballots to voters, there were seven ballots erroneously issued during the 2016 election concerning Measure E. F4. Determining the jurisdiction of ballots for special districts is complex. Seven voters were disenfranchised in a special district election in 2016. However, according to the Elections Division’s numerical determination, those disenfranchised voters would not have changed the election outcome. Recommendations: After review of documents and interviews, the Grand Jury’s recommendations are as follows: F1.R1. The Calaveras County Clerk-Recorder-Registrar of Voters implement SB 450: California Voter’s Choice Act vote center model. F1.R2. The Calaveras County Clerk-Recorder-Registrar of Voters implement SB 450 with the support of the Board of Supervisors’ approval of adequate funding in the budget to support the Elections Division and implementation of SB 450. F2.R1. The Calaveras County Clerk-Recorder-Registrar of Voters implement SB 450 to reduce training demands and staffing. F3.R1. The Calaveras County Clerk-Recorder-Registrar of Voters implement SB 450 to reduce problems with ballot distribution. F3.R2. The Calaveras County Clerk-Recorder-Registrar of Voters continue to review and revise the Elections Division quality assurance/control procedures in order to eliminate mistakes in the distribution of ballots. F4.R1. Middle River (CSD) revisit Measure E and determine if it should be on the next ballot. 48 F4.R2. The Calaveras County Clerk-Recorder-Registrar of Voters implement SB 450 to reduce problems with ballot distribution. F4.R3. The Calaveras County Clerk-Recorder-Registrar of Voters (Elections Division) establish a policy to waive the filing fee in cases that involve the disenfranchisement of voters. Commendations: C1. The Calaveras County Clerk-Recorder-Registrar of Voters does a great job managing the complexity of identifying jurisdictions for special districts. The Calaveras County Clerk- Recorder-Registrar of Voters responded to the complaint from Middle River (CSD) about the distribution of ballots on the day of the election and the subsequent complaint that followed from Middle River (CSD) in a timely and professional manner (See F4). Request for Responses: Pursuant to Penal Code Section 933.05, the Grand Jury requests responses as follows:  Calaveras County Board of Supervisors: F1.R2  Calaveras County Clerk-Recorder-Registrar of Voters: F1.R1 F2.R1 F3.R1, R2 F4.R2, R3  Calaveras County Community Service District (Middle River): F4.R1 The government bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code Section 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. 49 Responses to the 2016-2017 Grand Jury Report 50 RESPONSES TO THE 2016-2017 GRAND JURY REPORT The Grand Jury releases its final report at the end of its term. Most, if not all, of the responses are received after the new Grand Jury has been seated and these responses become its responsibility. Unlike many counties, the Calaveras County Grand Jury have holdovers who return to assist the new Jury in the way the Grand Jury conducts business and aid in the analysis of the responses. To assure continuity, it is important to carefully track and evaluate responses. Responses are tracked to inform the public, ensure follow up, promote solutions, and reduce the number of unresponsive answers. Public scrutiny of the responses can improve the impact of the Grand Jury's reports and recommendations as well as increase the credibility of the elected officials and department heads whose areas were investigated. The new Grand Jury reviews the findings and recommendations of the prior year's Jury and the ensuing responses. When necessary, these responses are discussed with the appropriate standing committees for follow-up comments. If it is determined that more information is needed, Jury members may meet with the respondents to discuss specific responses. The Grand Jury refers to the California Penal Code (CPC) for follow up, summarization, and analysis of the responses from the responding officials and departments. Pursuant to CPC §933 and §933.05 there are time limits for responses and each Finding and Recommendation may either require or request a response from the party addressed. Specifically worded responses are limited by the CPC. Responses may include additional information to clarify a specific response. RESPONSE TIME LIMITS CPC §933 (c) "...No 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 every elected county officer or agency head for which the grand jury has responsibility pursuant to §914.1 shall comment within 60 days 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. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years. 51 53 55 56 58 60 61 63 64 66 68 70 71 73 74 76 77 79 80 81 82 84 86 87 County District Map for Supervisory Election District 1: Gary Tofanelli District 2: Jack Garamendi District 3: Michael C. Oliveira District 4: Dennis Mills District 5: Clyde Clapp 88
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  C1. The Calaveras County Clerk-Recorder-Registrar of Voters does a great job managing the complexity of identifying jurisdictions for special districts. The Calaveras County Clerk- Recorder-Registrar of Voters responded to the complaint from Middle River (CSD) about the distribution of ballots on the day of the election and the subsequent complaint that followed from Middle River (CSD) in a timely and professional manner (See F4). Request for Responses: Pursuant to Penal Code Section 933.05, the Grand Jury requests responses as follows:  Calaveras County Board of Supervisors: F1.R2  Calaveras County Clerk-Recorder-Registrar of Voters: F1.R1 F2.R1 F3.R1, R2 F4.R2, R3  Calaveras County Community Service District (Middle River): F4.R1 The government bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code Section 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. 49 Responses to the 2016-2017 Grand Jury Report 50 RESPONSES TO THE 2016-2017 GRAND JURY REPORT The Grand Jury releases its final report at the end of its term. Most, if not all, of the responses are received after the new Grand Jury has been seated and these responses become its responsibility. Unlike many counties, the Calaveras County Grand Jury have holdovers who return to assist the new Jury in the way the Grand Jury conducts business and aid in the analysis of the responses. To assure continuity, it is important to carefully track and evaluate responses. Responses are tracked to inform the public, ensure follow up, promote solutions, and reduce the number of unresponsive answers. Public scrutiny of the responses can improve the impact of the Grand Jury's reports and recommendations as well as increase the credibility of the elected officials and department heads whose areas were investigated. The new Grand Jury reviews the findings and recommendations of the prior year's Jury and the ensuing responses. When necessary, these responses are discussed with the appropriate standing committees for follow-up comments. If it is determined that more information is needed, Jury members may meet with the respondents to discuss specific responses. The Grand Jury refers to the California Penal Code (CPC) for follow up, summarization, and analysis of the responses from the responding officials and departments. Pursuant to CPC §933 and §933.05 there are time limits for responses and each Finding and Recommendation may either require or request a response from the party addressed. Specifically worded responses are limited by the CPC. Responses may include additional information to clarify a specific response. RESPONSE TIME LIMITS CPC §933 (c) "...No 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 every elected county officer or agency head for which the grand jury has responsibility pursuant to §914.1 shall comment within 60 days 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. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years. 51 53 55 56 58 60 61 63 64 66 68 70 71 73 74 76 77 79 80 81 82 84 86 87 County District Map for Supervisory Election District 1: Gary Tofanelli District 2: Jack Garamendi District 3: Michael C. Oliveira District 4: Dennis Mills District 5: Clyde Clapp 88

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