Kern County Grand Jury • 2020-2021

Administration and Audit Committee Mission Statement The mission of the Administration and Audit Committee pursuant to

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Findings and Recommendations 6 findings

F1
The Department protects the consumers of Kern County from improper charges based on weights and measures.
Related Recommendations (1)
R1
The Department should continue its proactive practices that protect Kern County’s citizens and agriculture. (Findings 1, 2, 3 and 4) NOTES: • The Kern County Department of Agriculture and Measurement Standards should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.co.kern.kern.ca.us/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE BAKERSFIELD, CA 93301 32 33 34 35 36 37 38 39 40 KERN COUNTY AUDITOR-CONTROLLER- COUNTY CLERK ELECTIONS DIVISION PREFACE: The right to vote is one of the basic rights of citizenship. The Kern County Elections Division (Division) provides the people of the County the means to vote. The Kern County Auditor-Controller-County Clerk is in charge of the Division which is supervised by the Elections Division Chief. PURPOSE OF INQUIRY: The Administration and Audit Committee (Committee) of the 2014-2015 Kern County Grand Jury (Grand Jury) inquired into the operations of the Division pursuant to Penal Code §925. PROCESS: The Committee interviewed the Kern County Auditor-Controller-County Clerk and the Elections Division Chief. The Committee conducted online research, reviewed previous Kern County Grand Jury reports, studied Division documents, and interviewed other Division staff. FACTS: The Division must give the voters an election experience that is straightforward and as simple as possible. The first step for a citizen is registering to vote which can be done in many ways. One way is by swearing under the penalty of perjury that one is eligible to vote; this is done before a registrar of voters. Additional methods include when conducting business with the California Department of Motor Vehicles, online at the California Secretary of State website, or by mail. Voter information comes from both the State and the Division. The State mails to registered voters a pamphlet covering statewide propositions and candidates. The Division mails a sample ballot which includes all statewide and local offices and issues. The sample ballot includes a vote by mail application and the location of the voter’s polling place. Vote by mail voters are mailed ballots with instructions for the marking and return of the ballots. The third part of the process is the counting (and, if necessary, recounting) of the ballots, certification of the count, and publishing the results. In November of 2014 and prior to the General Election, the Grand Jury observed and participated in the verification of the process of tallying the ballots cast by voters and the Committee decided to do an investigation following that election. Before the November 2014 General Election, the US Census estimated California had 24,288,145 potential voters. In that election, the California Secretary of State reported 17,803,823 registered voters and 7,513,972 actual ballots cast.
F2
The DIIP allows for immediate identification and location of potentially harmful insects.
No recommendations for this finding
F3
The GIS provides important information quickly to first responders.
Related Recommendations (1)
R2
The Kern County Board of Supervisors should give serious consideration to the plan for reorganization of the Division. (Finding 3) 42 NOTES:  The Kern County Auditor-Controller-County Clerk and the Kern County Board of Supervisors should post a copy of this report where it will be available for public review.  Persons wishing to receive an email notification of newly released reports may sign up at: www.co.kern.kern.ca.us/grandjury.  Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITH 60 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 43 KERN COUNTY SHERIFF’S OFFICE INMATE WELFARE FUND PURPOSE OF INQUIRY: Penal Code §925 authorizes county grand jury investigations of county departments. The Administration and Audit Committee (Committee) of the 2014-2015 Kern County Grand Jury (Jury) conducted an investigation of the Kern County Sheriff’s Office (KCSO) Inmate Welfare Fund (IWF) as used for KCSO in-custody facilities. PROCESS: The Committee reviewed past Kern County Grand Jury Reports, researched Penal Code §4025 (Code), consulted County Counsel and interviewed KCSO personnel. Online research was conducted; sheriff’s departments in comparable counties were contacted for information on their inmate welfare fund uses and practices. Additionally, financial records of the IWF were examined and programs paid for by the IWF were reviewed. Finally, the Committee attended a graduation ceremony for an IWF financed substance abuseprogram and interviewed inmates who had been in the program. BACKGROUND AND FACTS: The Code allows, but does not require, a county sheriff to establish an inmate welfare fund and gives general guidance on the uses of, limitations on, and revenue sources of the fund. The Code gives the sheriff a discretion in use of the fund. The Committee was advised by County Counsel that there is no applicable case law on the subject. In Kern County, the main sources of income for the IWF are sales of items to inmates through a commissary service and phone calls made by inmates. The accounting is separate from theKCSO’s operational fund and the Kern County General Fund. In February 2014, the Federal Communications Commission (FCC) set limits on inmate collect call rates on interstate calls and attempted to extend the rates to intrastate calls. The first action is within the powers of the FCC; the second has raised questions about the limit of Federal power. Currently, the new rates are on hold. Should the FCC prevail, current phone call annual revenue to the IWF of$1,800,000 will be reduced. The IWF is used for academic, vocational, religious, self-improvement, and therapy programs for inmates. Examples includebut are not limited to: • Academic classes: General Education Development preparation (GED), Health, and Independent Studycourses • Vocational classes: Computers, Auto Body, Cafeteria, and Food Services • Religious: Chaplain Program 44 • Self-improvement Programs: Substance Abuse, Anger Management, Life Skills, and Parenting • Therapeutic Programs: Dialectical Behavior, Seeking Safety and Veterans The IWF pays for, among other amenities, newspaper and magazine subscriptions, television sets in general inmate areas, and media services. It has been used to provide or upgrade security equipment that contributes to inmate safety. The IWF pays the salaries and benefits of personnel directly associated with IWF programs plus maintenance costs for the commissary and classrooms. The IWF has had an ongoing balance of approximately $6,000,000 for several years which indicates that the annual income of approximately $4,000,000 is balanced by expenditures. The Kern County Sheriff (Sheriff) states a significant portion of the IWF is earmarked for video visitationat the new jail facility.
F4
The Commissioner is proactive in protecting agriculture in Kern County. COMMENTS: The Committee commends the Commissioner and his staff for their openness, knowledge and frankness in answering the Committee’s questions along with their dedication to serving the citizens of Kern County.
No recommendations for this finding
F5
Several comparable counties have an advisory panel providing input on use of inmate welfare funds. The members were often sheriff’s personnel who serve by virtue of the office, while some were composed of civilians.
No recommendations for this finding
F6
The Kern County Sheriff seeks input from KCSO staff on the use of the IWF
No recommendations for this finding

Comments 13