Yolo County Grand Jury • 2009-2010

Yolo cOuNT Y GRANd JuRYP

Published: June 30, 2010 52 pages Consolidated Report
Ver PDF original

Findings 12 findings

F1
Since the casino opened, traffic is the primary • Recipients were not required to “hire locally” to impact that has worsened for which there has promote spending within the county. been inadequate mitigation.
F2
The fact that the casino’s main feeder road is a Growth in land Holdings state rather than county highway complicates Since the opening of the casino, the YDWN has been planning and funding for repairs and main- steadily purchasing parcels in Yolo County that could tenance. Severe economic strains on the state be converted to reservation land, removing them from and county, coupled with Valley residents’ con- government oversight and county tax rolls (Tables 5 and cerns over the kind and quality of proposed 6). The pace of purchases has increased since 2007. As improvements, likely will cause traffic capacity the YDWN continues to profit from the casino while the to be problematic for years to come. TABLE 5 Yocha Dehe Wintun Indian Land Holdings in Yolo County As of As of Chg Chg Holdings (Acres): April 2004 January 2010 Acres % Land in Trust (Reservation / US Govt.) 257.5 259.0 1.5 1% Land in Fee (Owned by YDWN) 1,851.5 7,431.7 5,580.2 301% Total Land Holdings 2,109.0 7,690.7 5,581.7 265% Land in Trust as % of Total 12% 3% Land in Fee as % of Total 88% 97% TABLE 6 Yocha Dehe Wintun Indian Assessment Valuations in Yolo County As of Added since April 2004 April 2004 Chg Chg Assessed Values (Dollars): (before Resort)1,2 (after Resort)1,3 Total $ % Assessed Land Value 1,784,316 12,720,357 14,504,673 10,936,041 613% Assessed Structure Value 3,289,642 23,908,545 27,198,187 20,618,903 627% Total Assessed Value 5,073,958 36,628,902 41,702,860 31,554,944 622% Assessed Value as % of Total 12% 88% 100% 1 Excludes land in trust, i.e., tribal master community, casino, accessways to golf course 2 The structure is a warehouse property in West Sacramento 3 Includes new golf course in 2008 14 2009/2010 Yolo CountY Grand JurY Final report
F3
Neither the YDWN nor the county is actively 2004 have remained as fee land, on county tax pursuing public transportation alternatives for rolls. employees and patrons which could reduce F-13 Land owned by the YDWN is subject to being traffic as well as noise and light pollution. converted to trust land, which would (1) remove it from county tax rolls, and (2) create the potential public Safety and emergency Services for conversion to any use desired by the YDWN,
F4
The Yocha Dehe Fire Department has spear- as it is not subject to state and local zoning and headed and financed training for most if not all other laws. volunteer firefighters in the surrounding area. F-14 No one at the local or state level has authority Despite delays in response time due to traffic over fee-to-trust conversions. congestion, the fact that all the Yocha DeHe F-15 The county is at significant risk to lose agricultural Firefighters are EMT-trained improves emer- land to development, given the opportunity for gency health services to both casino patrons and fee-to-trust conversion and the loss of funding surrounding residents. for Williamson Act contracts.
F5
The county estimates the actual operating costs for casino-related crime in the Sheriff, District reCoMMendationS Attorney, and Public Defender offices exceed $1.5M annually, while funding is approximately Traffic and Roads $900K, or about $600K (40%) short of the need. 10-01 Improve traffic enforcement and warning signage along SR 16 and casino feeder roads. Finance and administration 10-02 Continue to work with Caltrans and the YDWN
F6
The county is adhering to the terms, though not to hasten plans for SR 16 relief between I-505 the spirit, of the MOU with regard to distribution and Brooks, or identify alternate route(s) to of the ACTM funds. Considerable negative alleviate traffic. impacts remain along the SR 16 corridor. 10-03 Work with the YDWN to establish an employee
F7
The county’s decision to place a moratorium program to subsidize public transportation passes on ACTM funding for community projects is to help reduce the number of cars going to the appropriate for two important reasons: (1) the casino. county’s highest priority is core functions rather law enforcement, emergency Services, that mitigation for a small segment of the county, and (2) the mitigation funds’ allocation method public Safety is flawed and needs to be changed before more 10-04 Pursue greater contribution from the YDWN to funds are spent. eliminate the existing funding gap created by
F8
The BOS did not exercise prudent oversight criminal activity attributed to the casino. concerning conflict of interest issues with ACTM recommendations and the inappropriate award to Finance and administration New Seasons development. 10-05 Before more ACTM funds are granted, develop
F9
The influence of Esparto-based organizations allocation guidelines that will ensure fairness, and individuals is evident in the funding that transparency, and accountability. Consult with went to Esparto compared to other areas in the financial and legal professionals within county Valley. government to assist in developing the guidelines.
F10
Minutes of the Tribe-Council 2x2 meetings were 10-06 The first priorities when mitigation funds become not taken. available again should be residents between I-505 and I-5 plus the City of Woodland, along with Growth in land Holdings Valley communities that have not yet received
F11
YDWN land holdings have tripled and assessed attention. valuations of fee land have increased more than 10-07 When meetings resume, initiate taking minutes at six fold since the casino opened in 2004. Tribe-Council 2x2 meeting to ensure accounta-
F12
All but 1.5 of the 5,580.2 acres acquired since bility and transparency. 15 2009/2010 Yolo CountY Grand JurY Final report Growth in land Holdings Yolo County department of 10-08 Monitor and participate in the national debate employment and Social Services regarding fee-to-trust conversions with an eye toward ensuring that Yolo County maintains its SuMMarY tax base and enhances the rural, agrarian nature of Capay Valley. The Grand Jury investigated the Department of Employment and Social Services in response to a complaint alleging mismanagement, favoritism, and CoMMentS fraud. The Grand Jury received witness testimony and The Grand Jury thanks and sends its appreciation reviewed documentation. The Grand Jury found ques- to Yolo County employees for devoting many hours tion able practices with regard to timekeeping, pay for researching information and responding to multiple data non-work related activities, lay-off and promotion, em- requests. ployee evaluations, and pursuing client fraud. reQueSt For reSponSe reaSon For tHe inveStiGation Pursuant to California Penal Code Sections 933(c) California Penal Code Section 925 provides: “The and 933.05, the Yolo County Grand Jury requests a Grand Jury shall investigate and report on the opera- response as follows: tions, accounts and records of the officers, departments, From the following governing body: or functions of the county, including those operations, • Yolo County Board of Supervisors (Recommen da- accounts and records of any special legislative district tions 10-01 through 10-08) in the county created pursuant to state law for which the officers of the county are serving in their ex-officio capacity as officers of the districts.” The Grand Jury investigated the Department of Employment and Social Services as a result of a com- plaint alleging mismanagement and favoritism within the department. Specific allegations included: (1) mis- representing vacation and sick leave charges on time sheets, (2) using employee time for non-work related activities, and (3) reporting time spent checking e-mails by cellular phone or remote computers as time worked, despite the suspension of the telecommuting policy. The complaint also alleged that the county fails to pursue fraudulent claims by clients when the amount is less than $5,000. GloSSarY The following glossary is to assist readers in keeping track of the various abbreviations and terms used in this report. At-will employees—Salaried employees who serve at the pleasure of a department director or the county administrative officer and are on continuous probation. BOS—Board of Supervisors. The elected governing body that makes policy decisions and oversees the county budget and department programs. CAO—County Administrative Officer. Oversees county budget and personnel administration. DESS—Department of Employment and Social Services. 16 2009/2010 Yolo CountY Grand JurY Final report Provides outplacement services, child and adult pro- cases DESS uses a “by exception method.” Employees tective services, and other related social services in fill out a time sheet if they used any form of leave -- such Yolo County. as vacation, sick leave, or XTO -- or if they are filing a ELT—Executive Leadership Team. DESS top man- correction to a previous pay period. If no time sheet is agement and some supervisors. They meet regularly filed, it is assumed by management that the employee and administer the department. worked the 80 hours for that pay period. Some, but not all, DESS employees use the “by exception” method for HR—Yolo County Department of Human Resources. their time reports, depending on their supervisor. The County-wide personnel department that keeps copies ELT use the “by exception” reporting method, that is of all county employee records, and establishes they file time reports only when on vacation, sick leave, and enforces personnel policies. This department or for other non-regular activity. reviews the job descriptions for county positions. In reviewing calendars and e-mails, the Grand Jury MQs—Minimum qualifications for a position listed in found that DESS management kept incomplete records county job announcements. In order for an applicant regarding employee absences. In two cases the Grand to be considered for a specific job, they must meet Jury found evidence that vacation and sick leave times the MQs for the position at the time they apply for were misrepresented. In one instance, it appeared that the position. the employee supplemented county disability benefits by XTO—Extra time off. Established in lieu of furlough claiming to work part-time at DESS in order to receive days in response to the county’s budget shortfall. full pay and continue to accrue full leave benefits. In Employees accrue XTO and are not paid for that another instance, the Grand Jury found evidence that an time off. employee, who worked part-time, accumulated full-time XTE—Extra time earned. Similar to compensatory time sick and vacation time by failing to turn in time sheets off (CTO) in that employees working more than 40 for the pay periods covered. hours a week are allowed to accrue overtime and During its investigation, the Grand Jury was in- take it as paid leave at a later date. formed that the county is installing a new electronic time keeping system that will be in place by the end of aCtionS taKen 2010. There will be a trial run in late May 2010. The The Grand Jury interviewed 20 people, including the system requires employees to use a password to enter complainant, DESS employees, other County employ- times, and will send the information to the auditor’s ees, and a contracting agency employee. The Grand Jury database system. DESS supervisors will have access to interviewed DESS employees who were the subjects the database to check employee’s time statements, but of the complaint as well as current and former DESS will not be able to make changes. DESS will no longer employees not subjects of the complaint. Interviewees use “by exception” time keeping. included those with responsibilities and knowledge of the county’s policies in human resources, budget non-Work related activities and accounting, auditing, and information technology All interviewees noted that their paid time was systems. used for non-work activities (e.g., long lunch hours The Grand Jury obtained and reviewed copies of and time off for shopping). This time was allowed as a bi-weekly time keeping records, activity calendars, and morale booster. Eight interviewees claimed that it was e-mails for selected DESS employees. The Grand Jury the ELT and supervisors who regularly took two-hour also reviewed DESS and Yolo County administrative lunches or three to four-hour shopping trips during work procedures manuals and a copy of the county’s “at- hours. Other employees were not allowed to do this. In will” employee listing, which is approved by the BOS. reviewing County policy, the Grand Jury determined that The Grand Jury reviewed a list of DESS files of closed XTO or vacation time should be used for such non-work potential fraud cases under $5,000. related time out of the office. Telecommuting and Out-of-Office Work WHat tHe JurY deterMined With regard to telecommuting, previous DESS Misuse of time Keeping policy required written approval and an agreement of The Grand Jury found inconsistencies with regard what work was to be performed prior to starting telec- to the reporting of vacation and sick leave time. In some ommuting. That policy was suspended in summer 2009, 17 2009/2010 Yolo CountY Grand JurY Final report and at present CAO approval is required. performance evaluations The CAO has no contracts listed for telecommuting HR requires annual employee performance evalu- by cellular phone, and only a few DESS employees ations. HR keeps file copies of all annual employee have approval to work from home, via computer and the performance evaluations. Performance evaluations are Internet. County-issued cellular phones may be used to also required when an employee changes position, and check in with the office when on leave or out of town for three months after beginning a new position. non-business reasons, but such contact does not count It is written policy that employees be given copies as being at work (unless the supervisor was notified in of their performance evaluation and meet to discuss that advance and had it posted on the supervisor’s calendar). evaluation with their supervisor. In some cases, this has The Grand Jury found evidence that some managers not been done and there is no copy of their performance inappropriately claimed to be telecommuting in violation evaluation in the DESS personnel files. Some employees of the department’s written policy. have not had annual performance evaluations for several years. Favoritism Staff members, who were interviewed, saw the lack DESS has reduced its staff by at least 63 people of performance evaluations as a way to reduce their since July 2009. The Grand Jury heard testimony that ability to gauge if their work performance meets the the DESS director selects employees for layoffs so that job requirements and as a way to reduce their ability to those employees would not feel targeted by co-workers. protest what appear to be arbitrary and capacious In addition, unit supervisors and division managers are decisions regarding layoffs, employee transfers, demo- not allowed to provide input regarding potential layoffs tions, or promotions. or other personnel changes, such as employee transfers. Staff members view this process and the decisions Fraud less than $5,000 arising from it as either favoritism or possible retribution DESS has a Memorandum of Understanding with the for disagreeing or questioning management. District Attorney’s office regarding, among other things, The Grand Jury found evidence that at least one fraud investigations. The current MOU does not mention employee may have been inappropriately selected for a a dollar amount threshold for fraud investigations. There position in that the employee did not have the necessary appears to be an unwritten agreement of not pursuing education qualifications for the job. The MQs were cases of potential fraud of less than $5,000. The Grand changed at a later date by the BOS to allow less experi- Jury found several cases that fell into that category, and ence and education. This employee has since completed could not find any cost-benefit analysis with regard to the education required to meet the original MQs. Another the $5,000 threshold. employee was seen by staff as inappropriately favored by having been moved into positions that will not be lost FindinGS to layoffs.

Recommendations 20

Comments 4

No Responses Found 1

Government entities assigned to respond to this report. No response documents have been linked in our database.

Yolo County Board of Supervisors Elected County Office