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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
El Dorado County Grand Jury
• 2009-2010
El Dorado County Grand Jury 2009-2010 El Dorado County Juvenile Hall Case No. Gj 09-009 Reason for Report California
⚠️ 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 12 findings
F1
The facility has a new digital video security system. Specific time frames can be downloaded if necessary. This is an upgrade that had been recommended by a previous grand jury.
F2
Procedures are in place to handle complaints and are posted in common areas. Complaints are resolved in a timely manner.
F3
The Department of Education determines the appropriate level of instruction needed for each ward and prepares individual study plans. All educational materials are contemporary and some are tailored to be used in juvenile correctional facilities. Students who successfully complete a high school education program get a full diploma from a high school that cannot be identified as being part of a detention program. Educational staff are appropriately credentialed and accredited for their positions.
F4
Medical facilities are efficient and modern.
F5
Wards have access to medical professionals at all times.
F6
Food is nutritious and prepared on site.
F7
The Board of Supervisors has failed for more than four years to construct or otherwise acquire a permanent Animal Control Shelter for the West Slope even though the County purchased the 10-acre parcel in 2006 for $450,000, and hired an architect, at a cost not to exceed $574,400, to design the building (a significant portion of which was spent). An additional $6 million in the Capital Improvement Budget has been set aside for the Animal Control Shelter.
F8
The Board of Supervisors' decisions regarding the selection of the location for the Animal Control Shelter and the method of construction were strongly influenced by one Supervisor. According to authoritative sources with direct knowledge, that Supervisor "drove the bus". Nonetheless, all members of the Board of Supervisors share responsibility for approving the purchase.
F9
The Board of Supervisors failed to make diligent inquiries into the usability of the entire 10-acre parcel, failed to ask important questions about the costs of improvements specified in the purchase agreement, and failed to negotiate a fair cost- sharing agreement with the Sellers for the costs of the improvements.
F10
The Department of General Services, and the CAO, failed to provide the Board of Supervisors with all pertinent information concerning the costs of the improvements to be made by the County as described in the purchase agreement for the 10-acre parcel.
F11
The County Counsel's office, who prepared the purchase agreement for the 10- acre parcel, made a glaring omission by neglecting to insert an "escape clause" that would permit the County to avoid making the specified improvements if the Animal Control Shelter were not actually constructed on the l C-acre parcel. Even if the County received a lower price for the 10-acre parcel because it agreed to build the road and make other improvements, any difference in price did not justify the County being left "holding the bag" or having a costly contractual obligation for the required improvements.
F12
It was determined that an employee was allowed to reside for years on GVFPD property at no cost and without a written agreement containing health, safety, tax and other appropriate provisions. This presents a potential liability to the District and its taxpayers.
Recommendations 8
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R1The Board of Supervisors authorized the purchase of a parcel owned by a friend of one Supervisor;
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R2The parcel purchased by the County is 10 acres but only about 7 acres are useable;
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R3The purchase agreement required the County to build a road and water lines at a cost of approximately $1.5 million to reach the landlocked 10-acre parcel;
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R4The road and water lines will enhance the surrounding privately-owned parcels, but the County will not be reimbursed for any of the cost;
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R5The Board of Supervisors insisted on a concrete tilt-up design; however, this is not the most cost effective construction for this location.
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R6The 2006 Board of Supervisors, in their eagerness to construct the animal control shelter for the County of EI Dorado, overstepped their involvement in the details of the negotiation and construction of the structure. The County had staff expertise in the area of real estate acquisition, negotiation and construction. The Board should have deferred to their expertise and taken an impartial posture. Instead, because of their close involvement in the details, an aura of conflict of interest has been created and serious ethical questions have been raised. This Grand Jury, in light of the testimony received, raises the question that if the Board of Supervisors had not been so closely involved in the "day-to-day" decision making process, would the property that was purchased have been the final selection? The Board of Supervisors is a policy setting and final decision- making board. Decisions should be made based on the expertise and advice of County staff. By being overly involved in the decision-making process, the Board of Supervisors unduly influenced County professional staff to make recommendations that were more agreeable to the County Supervisors. Hence, the process was made much more complicated and controversial by their involvement and not without political overtones. This Grand Jury recommends review by the Board of Supervisors of their decision-making processes, and of the legal requirements that are in place to forestall these kinds of expensive errors incurred at the expense of County taxpayers. RESPONSES Responses to both findings and recommendations in this report are required from the Board of Supervisors, the Chief Administrative Officer, and County Counsel in accordance with California Penal Code §933 and §933.05. Address responses to: The Honorable Suzanne N. Kingsbury, Presiding Judge of the El Dorado County Superior Court, 1354 Johnson Blvd., South Lake Tahoe, CA 96150.
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R7The ICMT generated revenue should not be considered a permanent funding source for future budgets.
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R8District personnel and the El Dorado County Auditor/Controller's Office should improve their communication on financial issues. RESPONSES Response(s) to Findings and Recommendations in this report are required in accordance with California Penal Code §933.05. Address response(s) to: The Honorable Suzanne N. Kingsbury, Presiding Judge of the El Dorado County Superior Court, 1354 Johnson Boulevard, South Lake Tahoe, CA 96150. CLOSING REMARKS In recent years, the Garden Valley Fire Protection District has undergone intensive public and legal scrutiny. The Board of Directors cannot publicly comment on ongoing personnel investigations and litigation, so they are an easy target for criticism. The majority of the criticism rests with actions and inactions that had occurred prior to the current Board of Directors and Fire Chief. The Grand Jury found the Board of Directors, Fire Chief, and senior management to be extremely cooperative with all our requests for documentary evidence and interviews. The current administration has actively dealt with employee issues. They have improved the emergency response for the District from Basic Life Support to Advanced Life Support. The Board of Directors, Fire Chief, and senior management appear to be taking the District in the right direction, but need to keep their momentum moving forward.
Commendations 1
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CM1 Page 3The 2009-2010 Grand Jury commends the El Dorado County Probation Department and the Office of Education for their outstanding advocacy and rehabilitation programs for at-risk youth and for acting on recommended upgrades to the facility in a timely manner.