The Fresno County

Note: Missing finding numbers detected: F109, F110, F111, F112, F113, F114, F115, F116, F117, F118, F119, F120, F121, F122, F123, F124, F125, F126, F127, F128, F129, F130, F131, F132, F133, F134, F135, F136, F137, F138, F139, F140, F141, F142, F143, F144, F145, F146, F147, F148, F149, F150, F151, F152, F153, F154, F155, F156, F157, F158, F159, F160, F161, F162, F163, F164, F165, F166, F167, F168, F169, F170, F171, F172, F173, F174, F175, F176, F177, F178, F179, F180, F181, F182, F183, F184, F185, F186, F187, F188, F189, F190, F191, F192, F193, F194, F195, F196, F197, F198, F199, F200, F210, F211, F212, F213, F214, F215, F216, F217, F218, F219, F220, F221, F222, F223, F224, F225, F226, F227, F228, F229, F230, F231, F232, F233, F234, F235, F236, F237, F238, F239, F240, F241, F242, F243, F244, F245, F246, F247, F248, F249, F250, F251, F252, F253, F254, F255, F256, F257, F258, F259, F260, F261, F262, F263, F264, F265, F266, F267, F268, F269, F270, F271, F272, F273, F274, F275, F276, F277, F278, F279, F280, F281, F282, F283, F284, F285, F286, F287, F288, F289, F290, F291, F292, F293, F294, F295, F296, F297, F298, F299, F300, F310, F311, F312, F313, F314, F315, F316, F317, F318, F319, F320, F321, F322, F323, F324, F325, F326, F327, F328, F329, F330, F331, F332, F333, F334, F335, F336, F337, F338, F339, F340, F341, F342, F343, F344, F345, F346, F347, F348, F349, F350, F351, F352, F353, F354, F355, F356, F357, F358, F359, F360, F361, F362, F363, F364, F365, F366, F367, F368, F369, F370, F371, F372, F373, F374, F375, F376, F377, F378, F379, F380, F381, F382, F383, F384, F385, F386, F387, F388, F389, F390, F391, F392, F393, F394, F395, F396, F397, F398, F399, F400, F409, F410, F411, F412, F413, F414, F415, F416, F417, F418, F419, F420, F421, F422, F423, F424, F425, F426, F427, F428, F429, F430, F431, F432, F433, F434, F435, F436, F437, F438, F439, F440, F441, F442, F443, F444, F445, F446, F447, F448, F449, F450, F451, F452, F453, F454, F455, F456, F457, F458, F459, F460, F461, F462, F463, F464, F465, F466, F467, F468, F469, F470, F471, F472, F473, F474, F475, F476, F477, F478, F479, F480, F481, F482, F483, F484, F485, F486, F487, F488, F489, F490, F491, F492, F493, F494, F495, F496, F497, F498, F499, F500, F506, F507, F508, F509, F510, F511, F512, F513, F514, F515, F516, F517, F518, F519, F520, F521, F522, F523, F524, F525, F526, F527, F528, F529, F530, F531, F532, F533, F534, F535, F536, F537, F538, F539, F540, F541, F542, F543, F544, F545, F546, F547, F548, F549, F550, F551, F552, F553, F554, F555, F556, F557, F558, F559, F560, F561, F562, F563, F564, F565, F566, F567, F568, F569, F570, F571, F572, F573, F574, F575, F576, F577, F578, F579, F580, F581, F582, F583, F584, F585, F586, F587, F588, F589, F590, F591, F592, F593, F594, F595, F596, F597, F598, F599, F600, F601, F602, F603, F604, F605, F606, F607, F608, F609, F610, F611, F612, F613, F614, F615, F616, F617, F618, F619, F620, F621, F622, F623, F624, F625, F626, F627, F628, F629, F630, F631, F632, F633, F634, F635, F636, F637, F638, F639, F640, F641, F642, F643, F644, F645, F646, F647, F648, F649, F650, F651, F652, F653, F654, F655, F656, F657, F658, F659, F660, F661, F662, F663, F664, F665, F666, F667, F668, F669, F670, F671, F672, F673, F674, F675, F676, F677, F678, F679, F680, F681, F682, F683, F684, F685, F686, F687, F688, F689, F690, F691, F692, F693, F694, F695, F696, F697, F698, F699, F700, F707, F708, F709, F710, F711, F712, F713, F714, F715, F716, F717, F718, F719, F720, F721, F722, F723, F724, F725, F726, F727, F728, F729, F730, F731, F732, F733, F734, F735, F736, F737, F738, F739, F740, F741, F742, F743, F744, F745, F746, F747, F748, F749, F750, F751, F752, F753, F754, F755, F756, F757, F758, F759, F760, F761, F762, F763, F764, F765, F766, F767, F768, F769, F770, F771, F772, F773, F774, F775, F776, F777, F778, F779, F780, F781, F782, F783, F784, F785, F786, F787, F788, F789, F790, F791, F792, F793, F794, F795, F796, F797, F798, F799, F800, F815, F816, F817, F818, F819, F820, F821, F822, F823, F824, F825, F826, F827, F828, F829, F830, F831, F832, F833, F834, F835, F836, F837, F838, F839, F840, F841, F842, F843, F844, F845, F846, F847, F848, F849, F850, F851, F852, F853, F854, F855, F856, F857, F858, F859, F860, F861, F862, F863, F864, F865, F866, F867, F868, F869, F870, F871, F872, F873, F874, F875, F876, F877, F878, F879, F880, F881, F882, F883, F884, F885, F886, F887, F888, F889, F890, F891, F892, F893, F894, F895, F896, F897, F898, F899, F900, F907

Conclusions 5

• CL1 Page 21
  A state of emergency will exist if the Lanare Service District cannot continue to provide water to the community. Because of mismanagement, unacceptable arsenic levels, and the absence of any other water source, the District is in crisis. The Grand Jury contacted official representatives of the Fresno County Board of Supervisors concerning legal oversight of special districts. However, these representatives told the Grand Jury that neither the Fresno County Board of Supervisors nor any other local governmental agency had any legal authority over special districts. If this district fails to manage itself, however, one solution might be to contract out the management of the water system. The Grand Jury has learned that the Fresno County Public Works Department has contracts with other water or sewer districts to operate and maintain those systems. If that is impractical, the only other option that has been proposed is to dissolve the district and ask the State of California take over its operation. Page 4 of 6 6
• CL2 Page 66
  The MCWD Board of Directors and the District Manager have taken steps to address some of the concerns raised by the complainant and revealed during our investigation. However, the focus of this report has been on problem areas that continue to exist. This is especially true when it comes to the way in which the District accounts for and handles district fees. The district also needs to become better informed and to take advantage of training available through organizations such as the California Special Districts Association.
• CL3 Page 230
  The Grand Jury’s investigation was limited in focus, but involved extensive observation of the particular elections involved. We encountered none of the major problems that seem to have plagued election systems in other parts of the country. To the contrary, the Fresno County Elections Department and the election system appear to be operated competently in a transparent manner.
• CL4 Page 242
  The Grand Jury began this investigation to examine the possibility that significant savings might be realized by consolidating the air support units of the Fresno City Police and the Fresno County Sheriff’s Departments. The Grand Jury has concluded that the missions, pilot training, and helicopters of the two agencies are so different that consolidation is impractical in the immediate future. On the other hand, there appear to be significant savings and other benefits to be achieved by purchasing a single hanger facility with a bulk fuel storage tank which could be shared by both agencies. In addition, the County could realize meaningful savings by purchasing a fuel trailer. This would allow savings that would begin immediately. An additional area of possible cost savings lies in the more efficient use of fixed-wing airplanes. Both the City and the County have Cessna 206 aircraft that are being under- utilized. One fixed-wing aircraft could be used for both agencies.
• CL5 Page 266
  The County of Fresno Purchasing Manual provides a procedure for awarding contracts through a consistent, fair, and competitive process. County departments in charge of the process appear to be conscientious in the discharge of their duties although they are limited by staff shortages. In the case of the Registrar of Voters, the election code provides exemptions from the County’s competitive bid process for some purchases, which creates tension between Elections and Purchasing. It also appears to sometimes result in unnecessary costs to the County. Critical procurement and oversight departments have had unfilled vacancies during the County’s recent years of budget problems. This has resulted in the CAO’s Office, the Auditor’s Office, and Purchasing being understaffed to the point of not being able to adequately fulfill their vital roles. These three departments serve the entire County of Fresno. Increasing the staff in the CAO’s Office as well as in the Auditor’s Office and in Purchasing may result in overall cost 5 251 savings, better services to the public, increased efficiencies, better decision making on budget issues, and more transparent operations in the County of Fresno. The ability to monitor all County expenditures is critical to maximizing the use of public monies. Testimony to the Grand Jury clearly indicated that these administrative departments understood that with current budgetary constraints the County is unable to provide additional staff. However, the Grand Jury believes that long-term County budget problems could increase without properly funding those departments crucial to the proper expenditure and oversight of monies. The County of Fresno currently allocates approximately 80% or more of its discretionary fund to safety departments -- District Attorney, Public Defender, Sheriff, and Probation. The Grand Jury believes proper funding levels to the CAO’s Office, the Auditor and Purchasing would provide more and better public service delivery, including better use of monies for safety departments.

Commendations 1

• CM1 Page 43
  The Fresno-Madera Continuum of Care, and its member organizations are to be commended for the help they have provided and continue to provide to the homeless in Fresno and Madera Counties.

Observations 1

• OB1 Page 228
  Personnel All elections in Fresno County are under the supervision and leadership of the Fresno County Clerk/Registrar of Voters. This is an elected position. The Election Department has a permanent staff of about 25 employees. Approximately 1,500 individuals were recruited to assist during the February 2008 primary election. Temporary employees and select high school students are paid to work as precinct workers. Many volunteers work during the election period and on election night to do clerical work and observe the tabulating process. County management employees work as driver teams on election night. County security personnel provide transportation and operational security. Facilities The Grand Jury inspected the County warehouse on Hamilton Street where all election equipment and records are maintained. Although other county departments use this facility, the equipment for the 558 election precincts is maintained and secured in a separate area. A training room used for precinct workers is located at this facility and is used by other county organizations when not needed by the Election Department. During the period of this study, an approximately 9,000 square foot addition was constructed especially for the storage of election equipment. The new addition was ready for use during the February 5th primary election. 1 213 Equipment Besides the standard precinct materials (tables, voting stands, etc.), Fresno County has, since 1999, used the ACCU-VOTES 2000 system. Voter documentation (a “paper trail”) is maintained in order to guarantee an open and transparent system. In addition to the actual ballot, this is done by way of a paper tape and memory card located in each voting machine. These totals must match with the number of ballots cast in that machine. If the numbers are not correct, the votes are then hand counted. After being verified, the tape and the matching memory card are kept in a secure location to assure the integrity of the vote. In every polling place, there is a special machine for handicapped voters. This machine enables those with visual, hearing, or other problems to cast their vote. This machine also has a paper tape and memory card for verification purposes. Scanning machines are used to verify the signatures on vote-by-mail ballots. These machines are similar to standard fingerprint scanners in that they compare the signature on the ballot to the signature on the voter’s registration card. Any questionable signatures are then examined and verified by specially trained employees. The Ballot Each county designs its own ballot or ballots. In the primary election, eight different ballots were used in Fresno County. The Republican ballot was a "closed ballot." This means that only registered Republicans could use that ballot. On the other hand, the Democrat Party allowed "decline to state" voters and the American Independent Party to use their ballot. Instructions for this use were clearly stated in the voter instruction brochure; but apparently these instructions were not read, were misunderstood, or were ignored. This caused considerable confusion at the precinct level. Some voters were upset with precinct workers as this matter was difficult to explain at the polling place. Vote-by-mail ballots are used exclusively when there are fewer than 250 registered voters in a precinct. In the February primary, Fresno County had 118 “vote-by-mail precincts." Tabulating the Vote After the polls close, the memory cards on the ACCU-VOTES 2000 machines are removed and transported to election headquarters, where they are tabulated. The tabulation room is off limits to all but authorized personnel. A monitor screen and a large window are provided for observers to watch the activity of the workers and equipment. Periodically, totals are released to the public and the media. Besides those who vote at the polls, many vote by mail. The voter’s signature on the mailed envelope is compared to the original registration application. If the signature is correct, the ballot is stripped from the envelope and visually inspected for any tears or imperfections that will render it unscanable. These ballots are then put in a press to help remove fold marks and stored away until polls are legally closed. It is only then that the vote-by-mail ballots are tabulated. All unused material is sealed and is required to be stored for 22 months after certification. It is then destroyed by shredding. 2 214 Cost Analysis While it was not within the scope of this study to determine comparative cost factors, it was apparent from the beginning that a savings of county tax dollars was quite possible. As a cost saving measure, many election officials felt that both special elections and primary elections should be done by mail only. This appears to be supported by the experience of the State of Oregon. For example, the 2000 Oregon election was held by mail and resulted in reported cost savings of approximately $3,000,000. In addition, Oregon reported a voter turnout of 80 percent of the registered voters. In Fresno County, there were 352,661 voters registered for the February 5th primary election. Only 176,314 votes were cast. Of those, 95,151 were by mail-in ballots. Yet, a total of 440 precincts were established to accommodate those who did not vote by mail at an estimated cost of over $500 per precinct, not including equipment and excess printed material. While there would be an increased cost in mailing ballots to all voters, such mailings are done at bulk rate and would appear to be far less costly than the expenditures incurred by the current process. While it is not clear that Oregon’s experience can be duplicated in California or would be appreciated by all voters, its potential efficiencies and effectiveness are worth investigating. Canvassing the Vote “Canvassing the vote” is the term used to indicate an audit of the vote, including ballots, supplies and equipment used in the election. State election law calls for an audit (physical count) of one percent of the precincts. This was done as required by law in the elections observed by the Grand Jury. No errors or omissions were noted.