2011-2012 Madera County Grand Jury Final Report

Conclusions 290

• CL1
  The respondent agrees with the finding
• CL2
  The respondent agrees with the finding
• CL3
  The respondent agrees with the finding
• CL4
  The respondent agrees with the finding
• CL5
  The respondent agrees with the finding
• CL6
  The respondent agrees with the finding
• CL7
  The respondent agrees with the finding
• CL8
  The respondent agrees with the finding
• CL9
  The respondent agrees with the finding
• CL10
  The respondent agrees with the finding
• CL11
  The respondent agrees with the finding
• CL12
  The respondent agrees with the finding
• CL13
  The respondent agrees with the finding
• CL14
  The respondent agrees with the finding
• CL15
  The respondent agrees with the finding
• CL16
  The respondent agrees with the finding
• CL17
  The respondent agrees with the finding
• CL18
  The respondent agrees with the finding
• CL19
  The respondent agrees with the finding
• CL20
  The respondent agrees with the finding
• CL21
  The respondent agrees with the finding
• CL22
  The respondent agrees with the finding
• CL23
  The Grand Jury concluded that the Shop Supervisor and staff have established a teamwork environment which promotes an efficiently run operation.
• CL24
  The Grand Jury concluded that the Shop Supervisor is constantly and vigorously seeking to improve operations and services of Central Garage.
• CL25
  The Grand Jury concluded that with the number of vehicles assigned to the mountain area, a great number of man-hours and money is wasted driving to Central Garage in Madera, waiting for the vehicle to be serviced, and returning to Eastern Madera County. This places the vehicle and operator out of service for an extended period of time as well as adding to the vehicle's operating cost. It may be economical to perform vehicle servicing and repairs in the Oakhurst area, either by Central Garage staff or outsourcing to local business.
• CL26
  The Grand Jury concluded that the standard of services to vehicles in the mountain area would be well maintained if performed by staff supervised by the Central Garage Supervisor.
• CL27
  The Grand Jury concluded that additional portable lighting would be beneficial to the employees working in the garage bays.
• CL28
  The Grand Jury found that monitoring equipment for the security cameras was located in the wiring closet.
• CL29
  The Grand Jury found that the security camera equipment was not consistently monitored during normally staffed hours and not at all after hours and on weekends. Page 14 of 180
• CL30
  The Grand Jury found that the touch pad to open the automatic gate to enter the compound is located out of reach of the driver of a vehicle. Conclusions:
• CL31
  The Grand Jury found that increased traffic flow, narrow walking paths, and inadequate railing present safety issues for vehicles and pedestrians on the Robertson Blvd. overpass.
• CL32
  The Grand Jury found that there has been no expansion of and only minor improvements to the Robertson Blvd. overpass at Hwy. 99 to address the traffic and safety issues.
• CL33
  The Grand Jury found that impact fees, dedicated for overpass development, are required for building on the east side of Hwy. 99.
• CL34
  The Grand Jury found that a portion of the impact fees collected have been spent on required planning for the overpass.
• CL35
  The Grand Jury found that the City’s General Plan includes a 5-lane overpass on Robertson Blvd. which will cost about $30 million, including the purchase of additional land.
• CL36
  The Grand Jury found that the west side water quality remains the same as it has historically been and that the east side water pressure is the lowest.
• CL37
  The Grand Jury found that the swimming pool, built with a private donation from a Chowchilla family, is owned by the high school and opened to the public when life guard services can be provided.
• CL38
  The Grand Jury found that a particular Council Member does not recuse himself from discussing or voting on City Council agenda items which could impact the value of property owned by a source of substantial income to his business. Conclusions:
• CL39
  The Grand Jury found that the Almond Avenue Yard has experienced vandalism and theft. Conclusions:
• CL40
  The Grand Jury found that the booking unit uses Jail Management System (JMS) to book inmates into the Jail. a. The inmate is searched, photographed, fingerprinted, and classified. A warrant check is conducted, and a DNA sample is collected. b. All information collected in the booking process is immediately transmitted to the FBI-NCIC database. c. After the initial booking process, the inmate is placed in a holding cell with access to a telephone to arrange bail if possible. d. Inmates who are a danger to themselves are held in a padded cell. e. Inmates under the influence are held in cells with padded floors to reduce the risk of injury.
• CL41
  The Grand Jury found that the Jail uses an automated State database to check for warrants.
• CL42
  The Grand Jury found that the Jail contracts with a vendor for medical services. a. The services include 24/7 onsite staffing with nurse practitioners, RNs, and CNAs. b. A physician is scheduled for visits on a weekly basis and is on call in case of emergency. c. Pregnant inmates are checked by the medical staff within the first 24 to 72 hours of incarceration and are then transported to an outside OB/GYN. The medical staff monitors their progress until the eighth month, when they are transported weekly to an outside OB/GYN. d. Medical personnel go to the housing units twice daily to treat inmates and dispense medications. e. Inmates are seen immediately for emergencies and, if taken to a hospital, are guarded by a private security company under contract. Page 64 of 180 f. Psychiatric services are available via video conferencing once a week. g. Crisis workers are on call, and anger management services are available. h. Emergency dental services are available.
• CL43
  The Grand Jury found that JMS is an automated records storage and retrieval system as well as a case management and tracking system. JMS is maintained by three clerical employees who brought the system current, enabling the archival of the paper files.
• CL44
  The Grand Jury found that the budget and staffing for the Jail have been reduced for the past several years. The current budget is $10.3 million of which approximately $6.1 million is appropriated for salaries and benefits. The allocated staffing level includes 6 vacancies plus 20 unfunded positions.
• CL45
  The Grand Jury found that in addition to the vacancies, Jail staff are required to take two furlough days per month. The Jail management stated that operating with reduced staffing puts the officers and inmates at risk. Conclusions:
• CL46
  The Grand Jury found that MCS is scheduled for review by Western Association of Schools and Colleges (WASC) to begin the accreditation process.
• CL47
  The Grand Jury found that graduation from a WASC-accredited school is required or Page 73 of 180 preferred for matriculation to higher level institutions.
• CL48
  The Grand Jury found that MCS students are courteous, enthusiastic, and show pride in their school. Conclusions:
• CL49
  The Grand Jury found that, under direction from a County official, County employees delivered a tractor and equipment which belong to the County to be used by the residential property renter for maintenance of the leased property. Conclusions:
• CL50
  The Grand Jury concluded that the Madera County Sheriff Substation in Oakhurst provides valuable services to citizens in Eastern Madera County. The layout of the facility was well planned, meets current needs, and will accommodate future growth. The layout provides an ergonomic design for efficient staff interaction and work flow.
• CL51
  The Grand Jury concluded that additional cleaning would help maintain a cleaner overall appearance and extend serviceability of the facility.
• CL52
  The Grand Jury concluded that security cameras are necessary to enhance safety and security. Security cameras need to cover the entire perimeter of the facility. Better coverage of the North and East sides of the building is needed, giving emphasis to the back entrance.
• CL53
  The Grand Jury concluded that security cameras should be monitored by the front desk as well as by the watch commander’s office. The security cameras also need to be monitored by Sheriff Dispatch in Madera. This is a security issue as well as an officer safety issue.
• CL54
  The Grand Jury concluded that when a vehicle drives up to the closed gate, the driver must exit the vehicle and walk to the touch pad to activate the opening of the gate. This is inconvenient as well as a personal safety concern.
• CL55
  The Grand Jury recommends that either the gate touch pad be relocated or a remote activation device be placed in the vehicles. Respondents: written response required pursuant to PC 933(c) Madera County Board of Supervisors 200 W. 4th Street Madera, CA 93637 Madera County Sheriff Department Sheriff/Coroner 14142 Road 28 Madera, CA 93638 Page 16 of 180 2011-2012 Madera County Grand Jury Responses to Item Page 17 of 180 Page 18 of 180 Page 19 of 180 Page 20 of 180 Page 21 of 180 Page 22 of 180 Page 23 of 180 Page 24 of 180 Page 25 of 180 Page 26 of 180 2011 – 2012 Madera County Grand Jury Final Report Citizen Complaint Regarding the City of Chowchilla Page 27 of 180 2011 – 2012 Madera County Grand Jury Final Report Citizen Complaint Regarding the City of Chowchilla Introduction: On August 3, 2011, the Grand Jury received a Citizen Complaint setting forth a broad array of concerns involving the Chowchilla City Council and Administration. The complaint alleged that: • the City spent $1 million to purchase land for which it has no clear title or deed; • Redevelopment Agency (RDA) funds were frozen for two years; the public was not able to apply for the funds; • the City is bankrupt and not paying its bills; • the former City Manager mismanaged City funds; • extensive development was allowed east of Hwy. 99 without addressing overpass traffic and pedestrian safety issues; • $250,000 which was designated for the overpass is missing; • water was provided to the east side development instead of drilling a new well needed on the west side; • the public is denied use of the donated swimming pool at the high school; and • a Council Member does not recuse himself from proceedings on a matter which would benefit his employer. In its investigation of the complaint allegations, the Grand Jury interviewed City officials, attended Council meetings, and reviewed budget/financial records and public documents. Findings:
• CL56
  The Grand Jury found that there is on-going litigation by the City against the former City Manager.
• CL57
  The Grand Jury found that the build-out east of Hwy. 99 includes a school, church, golf course, shopping center, businesses, and large housing developments.
• CL58
  The Grand Jury concluded that RDA funds were not available for public application, having been spent on water system improvements. However, with the abolishment of RDAs, the issue is moot.
• CL59
  The Grand Jury concluded that the City is not bankrupt.
• CL60
  The Grand Jury concluded that the City allowed broad development on the east side of Hwy. 99 without resolving the traffic and safety issues of the connecting Robertson Blvd. overpass. Page 29 of 180
• CL61
  The Grand Jury concluded that the Council Member’s failure to recuse himself from discussing or voting on City Council agenda items which could impact the value of property owned by a source of substantial income to his business has the appearance of conflict of interest.
• CL62
  The Grand Jury found that four or more persons were loitering on and around the Library grounds on each of several visits.
• CL63
  The Grand Jury found that Friends of the Oakhurst Library provided security services at the Library for approximately one month, making patrons and staff feel more secure. Page 38 of 180
• CL64
  The Grand Jury found that on February 14, 2012, the Board of Supervisors, at the request of the County Sheriff, adopted Ordinance No. 653 which prohibits loitering on County Library property and possessing or consuming alcohol on such property.
• CL65
  The Grand Jury found that the ordinance specifies signs to be posted as follows: “Trespassing and Loitering Prohibited” and “Alcoholic Beverages Prohibited”. Conclusions:
• CL66
  The Grand Jury found that the County uses the Integrated Financial Accounting System (IFAS). a. IFAS is built on an obsolete platform which does not provide a solid foundation upon which to build or attach other functional components. b. IFAS requires routine operational assistance from the analyst staff of the County Information Technology Department (IT). c. Some of the system’s capabilities, e.g., the budget component, are not being utilized.
• CL67
  The Grand Jury found that use of the IFAS payroll component is made considerably more complex because of the County’s practice of issuing employee paychecks prior to the end of the pay period. Conclusions:
• CL68
  The Grand Jury found that the M&O Division is aware of the need for additional training of workers in current road repair materials and methodologies.
• CL69
  The Grand Jury found that there have been no recent feasibility studies regarding lease versus purchase of heavy equipment.
• CL70
  The Grand Jury found that the Road Shop maintains 270 vehicles and other pieces of equipment, including: a. 71 vehicles (sedans, vans, SUVs, and various pickup trucks), 6 of which are being surplused for disposal; b. 16 pickup trucks and 3 small sedans which operate on compressed natural gas (CNG), limiting their range due to lack of available fueling facilities; and c. some pickup trucks which have special equipment installed for specific duties such as weed spraying, sign installation and removal, vehicle recovery, and arrow displays for safety of road crews.
• CL71
  The Grand Jury found that Department mechanics are not properly trained to repair the modern equipment.
• CL72
  The Grand Jury found that both County Central Garage and the Road Shop perform repair and maintenance of sedans, vans, and light pickup trucks.
• CL73
  The Grand Jury found that there are no Road Department policies or procedures for vehicle pre-operation checks, e.g., oil level, tire inflation, and visual safety inspection.
• CL74
  The Grand Jury concluded that the activities on the Library grounds are a major nuisance to library patrons and staff.
• CL75
  The Grand Jury concluded that Library patrons and staff felt more protected when security services were active.
• CL76
  The Grand Jury concluded that the County Sheriff responded proactively to address citizens' complaints by proposing the new ordinance.
• CL77
  The Grand Jury concluded that the new County Ordinance No. 653 will provide a helpful tool for law enforcement in dealing with the on-going problems on the Library grounds.
• CL78
  The Grand Jury found that the BoS recently considered and rejected a proposal to combine the elected offices of Auditor-Controller and Treasurer-Tax Collector into an appointed Director of Finance.
• CL79
  The Grand Jury found that the BoS appointed a new Auditor-Controller who assumed her duties in January 2012.
• CL80
  The Grand Jury found that the Auditor-Controller’s Office has experienced vacancies in Page 46 of 180 key positions over the past several years.
• CL81
  The Grand Jury found that in the past the County has been ineligible for grant awards due to lack of timely completion of financial reports.
• CL82
  The Grand Jury concluded that the lack of adequate fund accounting procedures and end of year review of fund balances resulted in the accumulated oversight of over $11 million.
• CL83
  The Grand Jury concluded that for a period of several years the Auditor-Controller’s Office has been inadequately staffed, resulting in late financial reporting, costly errors, and embarrassing mistakes.
• CL84
  The Grand Jury concluded that the Auditor-Controller’s Office has made progress with the development of some policies and procedures for specific functions of the office and County.
• CL85
  The Grand Jury concluded that the Auditor-Controller’s Office performs unnecessary tasks by duplicating record keeping done by MCOE.
• CL86
  The Grand Jury concluded that IFAS is outdated and may not meet the County’s needs in the long term.
• CL87
  The Grand Jury concluded that the current payroll process creates additional work for the Auditor-Controller, IT, and each of the County Departments who must make all of the necessary leave balance and pay adjustments after the fact.
• CL88
  The Grand Jury found that the Engineering Division, by performing more projects in- house, has reduced costs. In-house project completion has increased from an average of 5 in past years to 10 projects completed in 2011.
• CL89
  The Grand Jury found that the Department uses current communications technology and automation. Page 50 of 180 a. Online processes are provided for reporting road repair issues. b. Twitter and Facebook are used to communicate with the public.
• CL90
  The Grand Jury found that within the M&O Division there are 5 road crews, a weed abatement crew, and a graffiti removal crew. a. Three of the road crews work from outlying yards in Raymond, Chowchilla, and North Fork. b. Two road crews plus the weed abatement and graffiti removal crews report daily to the Almond Avenue Yard in Madera. c. A crew is comprised of 5 to 7 workers.
• CL91
  The Grand Jury found that in-house work consists of smaller repairs, shoulder grading, blacktop overlay, culvert installation, drainage issues, minor bridge repairs, road signage, weed abatement, and graffiti and litter removal.
• CL92
  The Grand Jury concluded that the Road Department is well managed and making progress toward becoming a modern, efficient department. Page 51 of 180
• CL93
  The Grand Jury concluded that road repair priorities are properly and fairly established.
• CL94
  The Grand Jury concluded that the Department’s contracting processes are open and fair.
• CL95
  The Grand Jury concluded that the Department is making good use of technology to reduce costs and enhance efficiency.
• CL96
  The Grand Jury concluded that Department mechanics need updated training to repair the newer equipment.
• CL97
  The Grand Jury concluded that the Almond Avenue Yard lacks adequate security.
• CL98
  The Grand Jury found that all inmates are classified for the purpose of officer and inmate safety. Inmate classification enables the officers to know which inmates are more likely to cause trouble, to become violent, or are suicidal, mentally unstable and/or medically dependent. Special handling of these inmates is accommodated based on classification. a. The classification process is based first upon charges so that individuals with less serious crimes such as child support delinquency or other civil citations are classified as “segregated” and kept away from the general population. b. Uniforms are color coded for immediate recognition of inmate classification. c. Unlike male inmates, females are not separated by their classification regardless of charges, gang affiliation, or sexual orientation.
• CL99
  The Grand Jury found that physical security of the Jail is enhanced by facility layout. a. The housing modules are self-contained, consisting of exam, interview, handicap and multi-purpose rooms, visiting booths, cells, and exercise yards. b. The use of self-contained modules eliminates the need to move inmates out of their assigned module.
• CL100
  The Grand Jury found that Jail security is maintained by rigid procedures, including but not limited to Direct Supervision. a. Direct Supervision puts the officer with the inmates during Program Time when appropriately classified inmates are together in the day room and/or exercise yard. b. Direct Supervision enables the officer to develop communication with and more closely observe inmates, and to determine if there is unusual activity.
• CL101
  The Grand Jury found that there are 46 cameras strategically placed for monitoring inmate activity, excluding private areas such as the bathroom and shower. The camera system allows for multiple monitoring locations throughout the Jail.
• CL102
  The Grand Jury found that the Jail does not have nor provide stab vests. Page 63 of 180
• CL103
  The Grand Jury found that the officers receive a $25 monthly uniform allowance with which they can purchase the vests.
• CL104
  The Grand Jury found that armed officers responsible for transporting inmates are required to wear ballistic vests.
• CL105
  The Grand Jury found that inmates have available a formal grievance process. If a grievance is unresolved at the Jail, it may culminate in a Court hearing using the writ process.
• CL106
  The Grand Jury found that the Jail offers GED training to inmates.
• CL107
  The Grand Jury found that the kitchen is managed by civilians, and the inmates do the cooking.
• CL108
  The Grand Jury found that inmates who volunteer to wash and wax the floors, paint, and keep the areas clean are rewarded with extra food, yard time, and visitation.
• CL109
  The Grand Jury concluded that the Jail may experience overcrowding prior to the opening of the new facility in the Spring of 2013. Based upon current demographics coupled with the effect of AB 109, 50-60 inmates will be added to the population within the next 18 months.
• CL110
  The Grand Jury concluded that the use of electronic monitoring will reduce costs and help alleviate jail overcrowding.
• CL111
  The Grand Jury concluded that the lack of separation by classification of the female inmates causes safety and security issues.
• CL112
  The Grand Jury concluded that the mandatory furlough schedule reduces officer staffing to unsafe levels.
• CL113
  The Grand Jury concluded that the procedures required for Jail security, officer safety, and male inmate safety are adequate and professionally followed.
• CL114
  The Grand Jury concluded that the inmate programs, privileges, and grievance procedures are adequate and professionally followed.
• CL115
  The Grand Jury concluded that the booking procedures are adequate and professionally followed.
• CL116
  The Grand Jury concluded that the medical services are adequate and professionally followed.
• CL117
  The Grand Jury concluded that JMS is current, well maintained, and used effectively. Page 65 of 180
• CL118
  The Grand Jury found that both facilities provide academic education, vocational training, counseling, and specialized programs for the purpose of successful reintegration into society.
• CL119
  The Grand Jury found that inmates can submit complaints as follows: a. by an appeal process called “602” California Prison Grievance Process; b. by accessing a toll-free number to register complaints; c. by submitting a complaint in a locked box that can be opened only by an ombudsman; or d. through the Women’s Advisory Council which is an inmate operated program.
• CL120
  The Grand Jury found that both facilities are clean, well-managed, and well maintained. Conclusions:
• CL121
  The Grand Jury found that MCS students are able to take online college classes.
• CL122
  The Grand Jury found that all MCS students are provided with an Apple laptop computer, to be used for school work.
• CL123
  The Grand Jury found that hours of use of the laptops are limited to 7 a.m. to 11 p.m. weekdays and five hours per day on weekends.
• CL124
  The Grand Jury found that school hours are 9 a.m. to 4 p.m. with a 45-minute lunch break.
• CL125
  The Grand Jury found that students take eight classes on an odd/even schedule with four 85-minute classes each day.
• CL126
  The Grand Jury found that students from throughout the valley attend MCS.
• CL127
  The Grand Jury found that transportation is not provided for students outside the district attendance boundaries.
• CL128
  The Grand Jury found that the MCS student attendance rate is 96%, much higher than that of traditional high schools.
• CL129
  The Grand Jury found that parent involvement is required at MCS.
• CL130
  The Grand Jury found that MCS receives annually from the State approximately $1,000 less per student than traditional schools receive.
• CL131
  The Grand Jury found that MCS receives monetary and other forms of support from businesses, organizations, and residents within the district.
• CL132
  The Grand Jury concluded that, with the implementation of AB 109, prison population will decrease while increasing county jail population.
• CL133
  The Grand Jury concluded that AB 109 will raise the overall security classification levels of prison inmates.
• CL134
  The Grand Jury found that the farm currently houses pigs, chickens, and rabbits, and the greenhouse has been completed.
• CL135
  The Grand Jury found that construction is expected to start soon on a $4 million agriculture facility.
• CL136
  The Grand Jury found that the student eating area is open-air, without walls or roof.
• CL137
  The Grand Jury found that the two schools share a combined staff of twenty-one certificated and eight classified staff members.
• CL138
  The Grand Jury found that all MCS teachers are appropriately credentialed by the State of California.
• CL139
  The Grand Jury found that a counselor meets with each MCS student four times a year.
• CL140
  The Grand Jury found that MCS teachers are readily available to parents and students by Page 72 of 180 cell phone and email. They also are available before and after school to provide students with extra help.
• CL141
  The Grand Jury found that MCS strives to prepare students for the workforce and that the rules emulate the standards found in most employers’ policy handbook.
• CL142
  The Grand Jury found that MCS focuses on career options in media, arts, science, agriculture, military science, and fire science.
• CL143
  The Grand Jury found that student assignments are project-based using modern technology.
• CL144
  The Grand Jury concluded that MCS has appropriate rules and regulations for student use of the laptops provided.
• CL145
  The Grand Jury concluded that students may be exposed to adverse weather conditions when using the unprotected eating area.
• CL146
  The Grand Jury concluded that MCS administration has developed a good working relationship with the community.
• CL147
  The Grand Jury concluded that MCS achievement of WASC accreditation will benefit graduating Seniors who are college-bound.
• CL148
  The Grand Jury concluded that administration and staff have created a learning environment which meets the needs of MCS students.
• CL149
  The Grand Jury concluded that the operational integration of MCS with Minarets High School is a good fit.
• CL150
  The Grand Jury found that sodium hypochlorite is delivered to the plant by a vendor who is responsible for the storage tank and the required spill containment system.
• CL151
  The Grand Jury found that the plant is not utilizing the County's formal Safety and First Aid Program.
• CL152
  The Grand Jury found that the sludge removed through the treatment process is stored on the ground and covered with a large tarp. a. The sludge is subjected to moisture seeping under the tarp. b. Storage of the sludge on the ground subjects the ground water to possible contamination. Conclusions:
• CL153
  The Grand Jury found that the libraries are not currently able to provide the following services requested by the public: a. faxing; b. e books; and c. wireless internet access.
• CL154
  The Grand Jury found that some of the libraries are not equipped with smoke detectors and a sprinkler system.
• CL155
  The Grand Jury found that some of the libraries lack security, outdoor lighting, and alarms.
• CL156
  The Grand Jury found that the current library administration: a. has restored some of the previously reduced hours of public access, with BoS approval; b. has implemented weekly meetings to increase staff communications; and c. is looking for ways to improve the appearance and functionality of the library facilities. Conclusions:
• CL157
  In regard to the 2010-2011 Recommendation "that the [current] audit … should be reviewed in detail by the BoS and a copy provided promptly to the Grand Jury. Deficiencies noted should result in a thirty (30) day notice of contract non-compliance and steps needed for the contractor to come into compliance", the Grand Jury found that: a. the BoS has reviewed the audit report; b. the Grand Jury was not provided with a copy of the audit report; and c. the BoS issued a thirty (30) day notice of contract non-compliance.
• CL158
  In regard to the 2010-2011 Recommendation "that the BoS require that enforcement of the contract receive active and direct attention by the CAO, the RMA Director, County Counsel, and the Division of Solid Waste Management [with] frequent, scheduled reports as to such activities from County agencies", the Grand Jury found that weekly monitoring and reporting on the Landfill operations are being performed by RMA staff.
• CL159
  In regard to the 2010-2011 Recommendation "that the Department of Environmental Health develop stricter inspection and documentation procedures to insure that the proper handling and storage of household hazardous wastes is in compliance with health and safety regulations", the Grand Jury found that the handling and storage of household hazardous waste appears to be in compliance with regulations.
• CL160
  In regard to the 2010-2011 Recommendation "that the BoS pursue corrective action to insure that the contractor ceases and desists from operating unrelated businesses on County property, until such time as a negotiated agreement for the contractor to pay fair market value to do so is in effect", the Grand Jury found that the BoS has entered into a contract (Agreement No. 9434-C-2011) with the Landfill operator for lease of property on which to store his equipment for other businesses. Conclusions:
• CL161
  The Grand Jury found that the rental amount offered and agreed upon for the residential property is far below the FMV for the property, even adjusted for landfill nuisances. a. The average published rental amount for 4 bedroom, 2 bathroom, less than 2,000 square feet houses without acreage in this area is $1,500 per month. b. The average published rental amount for 5 bedroom, 2 bathroom, up to 2,200 square feet houses without acreage in this area is $1,665 per month. c. The average published rental amount for 6 bedroom, 2 bathroom, up to 2,900 square feet houses without acreage in this area is $2,035 per month. d. The FMV rental amount for the 6 bedroom, 3 bathroom, 4,400 square feet house on 4.95 acres, adjusted for landfill nuisances, is estimated between $2,000 and $2,500 per month.
• CL162
  The Grand Jury found that the BoS excluded the lease of the residential property from normally required bidding procedures by following the procedures outlined in Madera County Code Section 2.92.020, as follows: a. posting a notice, dated December 4, 2009, in the office of the county clerk; b. publishing the notice one time in a newspaper of general circulation within the county; c. establishing a rental amount less than $2,000 per month; and d. limiting the term of the rental agreement to 5 years.
• CL163
  The Grand Jury found that Section 28 of the lease agreement for the residential property provides for month-to-month tenancy after expiration of the 5 year term.
• CL164
  The Grand Jury found that Section 20 of the lease agreement acknowledges that the residential property and all improvements on the property were in good order, repair and condition as of the date of occupancy.
• CL165
  The Grand Jury found that the renter of the residential property requested and utilized County equipment to perform weed abatement on the property. Page 124 of 180
• CL166
  The Grand Jury found that the Fossil Discovery Center has had no County employees as workers or volunteers since opening.
• CL167
  The Grand Jury found that the Fossil Discovery Center has no paid or volunteer security service.
• CL168
  The Grand Jury found that the District 1 Supervisor did not fully participate in the decision to lease the residential property to the selected renter. a. At the December 1, 2009 BoS meeting, the District 1 Supervisor supported renting the property for 3 to 6 months while the County actively pursued the sale and removal of the residence. b. The District 1 Supervisor was absent from the December 15, 2009 BoS meeting at which the lease agreement was acted upon.
• CL169
  The Grand Jury found that the required annual weed abatement on the undeveloped and abandoned properties had not been performed as of several days past the May 1, 2012 deadline.
• CL170
  The Grand Jury concluded that there may be advantages to having the light vehicles maintained in the Oakhurst area.
• CL171
  The Grand Jury concluded that failure to utilize the County's Safety and First Aid Program increases County liability exposure.
• CL172
  The Grand Jury concluded that the current method of sludge storage is potentially hazardous.
• CL173
  The Grand Jury found that the plant's complete treatment process is recorded, monitored, and logged on a daily basis.
• CL174
  The Grand Jury found that the County received a grant from the Environmental Protection Agency for purchase of new heavy equipment, of which a backhoe and utility vehicle have been purchased. a. The staff requires training on the operation and maintenance of the new equipment. b. The equipment manufacturer(s) can provide the needed training.
• CL175
  The Grand Jury found that the assigned light vehicles are delivered to and serviced by the Madera County Central Garage.
• CL176
  The Grand Jury found that plant operators are required to have current state certifications. a. Operator certifications are posted in the plant office. b. The plant supervisor monitors the certification of the operators. Page 82 of 180 c. Not all of the posted certificates were current on December 15, 2011.
• CL177
  The Grand Jury concluded that the current certification compliance monitoring process is inadequate. Failure of employees to maintain updated training and current certification could result in public health risks and increased County liability exposure.
• CL178
  The Grand Jury recommends that a structure with a roof, cement floor, and stub walls be constructed for sludge storage to prevent ground water contamination. Page 83 of 180 Respondent: written response required pursuant to PC 933(c) Madera County Board of Supervisors 200 W. Fourth St. Madera, CA 93637 Informational: response optional Madera County Resource Management Agency Director 2037 W. Cleveland Ave. Madera, CA 93637 Madera County Resource Management Agency County Engineer 2037 W. Cleveland Ave. Madera, CA 93637 Madera County Resource Management Agency Special Districts Division Manager 2037 W. Cleveland Ave. Madera, CA 93637 Page 84 of 180 2011-2012 Madera County Grand Jury Final Report Sumner Hill Water Treatment Plant Page 85 of 180 2011-2012 Madera County Grand Jury Final Report Sumner Hill Water Treatment Plant Introduction: County Service Area 16 provides water service to the Sumner Hill Subdivision, located on Road
• CL179
  The Grand Jury found that the plant is capable of a combined production of 180 gallons of potable water per minute.
• CL180
  The Grand Jury found that the plant currently provides water service to 34 of a potential 49 homes.
• CL181
  The Grand Jury found that the current water volume capacity is insufficient during the summer months.
• CL182
  The Grand Jury found that there was an excessive amount of rust on the exterior of the piping and holding tanks. Page 86 of 180
• CL183
  The Grand Jury concluded that the current plant capacity will be unable to support additional connections.
• CL184
  The Grand Jury concluded that there is insufficient maintenance on the exterior of the piping and holding tanks.
• CL185
  The Grand Jury found that three of the libraries have specially dedicated and designed stand-alone computers with numerous learning programs for young children.
• CL186
  The Grand Jury found that the children’s summer reading program: a. is popular and well attended by 2 to 12 year old children; b. is educational; c. promotes reading; d. recognizes reading achievement; and e. offers fun activities based upon the chosen theme. Page 90 of 180
• CL187
  The Grand Jury found that the libraries have increased utilization of volunteers.
• CL188
  The Grand Jury found that SJVLS provides: a. home access to the data bases; b. the ability to borrow books and materials from any library that belongs to SJVLS; c. online access to the index of library books and materials; and d. the convenience of borrowing and returning books and materials to any library in the SJVLS.
• CL189
  The Grand Jury found that membership in SJVLS has an annual cost of $70,000.
• CL190
  The Grand Jury found that the State has reduced and may eliminate all public library funding.
• CL191
  The Grand Jury found that budget reductions impacted the libraries by: a. reducing staff; b. reducing public access hours; and c. eliminating funds for purchase of new books and periodical subscriptions.
• CL192
  The Grand Jury concluded that without membership in SJVLS the library would be little more than a book repository with very few services to offer.
• CL193
  The Grand Jury concluded that the inadequate safety and security systems of the library facilities place the library, patrons, and County at risk. Page 91 of 180
• CL194
  The Grand Jury concluded that the library is successful in providing excellent learning opportunities for children.
• CL195
  The Grand Jury concluded that the Friends groups provide significant and vital support to the libraries.
• CL196
  The Grand Jury concluded that the libraries are evolving into a more service-oriented organization.
• CL197
  The Grand Jury concluded that the budget reductions have impacted the library’s ability to provide some technical and requested services to the public.
• CL198
  The Grand Jury concluded that the current library administration has brought positive and effective leadership to the library system.
• CL199
  The Grand Jury found that safety and health inspections, with follow-up procedures to ensure necessary corrective actions, are not consistently being accomplished.
• CL200
  The Grand Jury found that safety training is not consistently conducted and not properly documented.
• CL201
  The Grand Jury found that the County does not provide basic First Aid/CPR training to employees. Page 94 of 180
• CL202
  The Grand Jury found that the County does not have Automatic Emergency Defibrillators (AEDs) available in appropriate locations.
• CL203
  The Grand Jury found that the application of AEDs is associated with the doubling of out-of-hospital cardiac arrest survival rates per studies reported in the Journal of the American College of Cardiology. Conclusions:
• CL204
  In regard to the 2010-2011 Recommendation "that the County complete a comprehensive, independent audit of the landfill and MRF operations every three years", the Grand Jury found that the BoS has caused an independent audit to be performed. Page 99 of 180
• CL205
  The Grand Jury concluded that although some departments have individually tailored programs, they do not fully comply with the IIPP.
• CL206
  The Grand Jury concluded that accessibility to the IIPP document and forms is limited by having only hard copy.
• CL207
  The Grand Jury concluded that the results of AED usage studies reinforce the importance of expanding the availability of AEDs.
• CL208
  The Grand Jury concluded that more safety-related training for employees is needed.
• CL209
  The Grand Jury concluded that an effective IIPP could reduce worker's compensation claims and County exposure to liabilities.
• CL210
  In regard to the 2010-2011 Recommendation "that … the request for proposal should include hauling, managing the landfill and MRF, and managing the North Fork Transfer Station", the Grand Jury found that the BoS has given notice of termination for the contracts for these four operations.
• CL211
  In regard to the 2010-2011 Recommendation "that the BoS take the necessary steps to amend the agreements with contractors A and B in regard to the process used to determine appropriate increases in service fees for collection of solid waste in the unincorporated areas of the county … based upon legitimate changes in operating costs", the Grand Jury found that this issue has not been addressed.
• CL212
  In regard to the 2010-2011 Recommendation "that the MRF should be operated as a dirty MRF as required by the contract and state permit", the Grand Jury found that the County has taken the position that it does not matter whether the MRF is operated as clean or dirty.
• CL213
  In regard to the 2010-2011 Recommendation "that the County fund a method for separating recyclable materials in the unincorporated areas of the county to increase recycling", the Grand Jury found that no action has been taken; however, County staff is exploring options for partial implementation of recycling efforts in the unincorporated areas.
• CL214
  In regard to the 2010-2011 Order that "the District Attorney … recover funds and reasonable interest for the over-charges collected by the contractor for that portion of the tipping fee designated for operation of the MRF", the Grand Jury found that: a. the District Attorney's request for the funding needed to comply with this Order was denied by the BoS; and b. the BoS has filed a lawsuit (Case No. MCV059402) against the contractor to recover these funds along with 10% interest.
• CL215
  In regard to the 2010-2011 Order that "the District Attorney … recover monies generated from the sale of recyclable materials as called for in the contract", the Grand Jury found that: a. the District Attorney's request for the funding needed to comply with this Order was denied by the BoS; and b. the BoS has filed a lawsuit (Case No. MCV059402) against the contractor to recover these funds along with 10% interest.
• CL216
  In regard to the 2010-2011 Recommendation that "special attention be paid to insure that the contractor is not co-mingling expenses from the various businesses that it operates out of the landfill", the Grand Jury found that the BoS addressed this issue in pending litigation No. MCV059402.
• CL217
  The Grand Jury concluded that the BoS has taken an active role in addressing many of the Landfill operation issues identified by the 2010-2011 Grand Jury.
• CL218
  The Grand Jury concluded that RMA staff is actively and directly monitoring the Landfill operations.
• CL219
  The Grand Jury recommends that the County require that the MRF be operated as a dirty MRF to further increase recycling of materials.
• CL220
  The Grand Jury recommends that subsequent Grand Juries continue to monitor issues regarding solid waste management and recycling in the county. Respondent: written response required pursuant to PC 933(c) Madera County Board of Supervisors 200 W. Fourth St. Madera, CA 93637 Informational: response optional County Administrative Officer 200 W. Fourth St. Madera, CA 93637 County Resource Management Agency Director 2037 W. Cleveland Ave. Madera, CA 93637 County Engineer 2037 W. Cleveland Ave. Madera, CA 93637 County Environmental Health Director 2037 W. Cleveland Ave. Madera, CA 93637 District Attorney 209 W. Yosemite Ave. Madera, CA 93637 Page 101 of 180 this page intentionally left blank Page 102 of 180 2011-2012 Madera County Grand Jury Final Report Madera County Warrant Process Page 103 of 180 2011-2012 Madera County Grand Jury Final Report Madera County Warrant Process Introduction: The Grand Jury reviewed the current Madera County warrant process to determine the adequacy and timeliness of the system. The Grand Jury believed it appropriate to inquire into this process based on information obtained during the review of the Madera County Department of Corrections (MCDC). This review included interviews with staff of the Sheriff's Office, MCDC, and the Courts who are responsible for the warrant system. Issues of concern for this review were officer safety and potential liability to the County. Findings:
• CL221
  The Grand Jury found that up to 200 new warrants are issued weekly, and an equivalent number are recalled.
• CL222
  The Grand Jury found that warrants with a bail amount of $5,000 or greater are entered by Sheriff's Records personnel into the state-wide warrant system via the California Law Enforcement Telecommunication System (CLETS).
• CL223
  The Grand Jury found that the California Department of Justice requires that CLETS terminals be located in CLETS-approved secured locations, and personnel authorized to access CLETS must pass a background check.
• CL224
  The Grand Jury found that the Sheriff's Office and MCDC have personnel with the appropriate CLETS security clearance.
• CL225
  The Grand Jury found that all warrants are processed into the Sheriff’s local automated system by Sheriff's Records personnel. Page 104 of 180
• CL226
  The Grand Jury found that the Court Clerk faxes a list of warrant recalls daily for immediate entry into the system.
• CL227
  The Grand Jury found that Sheriff’s Records personnel process the recalled warrants by: a. pulling the hard copy from the files; b. updating the local and statewide automated systems; and c. returning the original warrants to the Court for disposition.
• CL228
  The Grand Jury found that Sheriff's Records day shift personnel process warrant recalls daily.
• CL229
  The Grand Jury found that warrant recalls arriving toward the end of the day shift are sometimes held over for processing on the next scheduled work day.
• CL230
  The Grand Jury found that if the arrested prisoner has an outstanding local warrant, the arresting officer is required to stop at the Sheriff’s Office to obtain the hard copy of that warrant prior to booking.
• CL231
  The Grand Jury found that the arresting officer must leave the handcuffed prisoner unattended in the vehicle while retrieving the hard copy of the warrant.
• CL232
  The Grand Jury found that after retrieval of the hard copy warrant, the arresting officer proceeds to the Jail and completes the transfer of the prisoner. Conclusions:
• CL233
  The Grand Jury found that the most important factors considered in determining the fair market value (FMV) rental amount for residential property are number of bedrooms, total square footage, condition, type of flooring, with or without air conditioning, and location.
• CL234
  The Grand Jury concluded that delayed processing of recalled warrants creates potential for County liability.
• CL235
  The Grand Jury concluded that the requirement to leave a prisoner unattended in the patrol car for the purpose of retrieving the hard copy warrant is a security and officer safety issue.
• CL236
  The Grand Jury concluded that security and safety issues would be substantially reduced if the paper warrant files were located at the Jail.
• CL237
  The Grand Jury concluded that to insure the integrity of the warrant process, updating of the automated systems and maintenance of the paper files must remain closely coordinated and managed within a single department.
• CL238
  The Grand Jury found that the County is a member of the Underground Service Alert (USA) Program for marking and locating underground facilities. a. The Division does not have complete emergency response plans to deal with a catastrophe or line break. b. The Engineering Department does not have or maintain a mapping system, but relies on “as built” or engineering drawings. c. The Division does not generate or maintain required marking and locating documentation.
• CL239
  The Grand Jury found that the Division currently has two unfilled funded positions, an operations manager and an electrician. Conclusions:
• CL240
  The Grand Jury found that the loss of the Redevelopment Agency created a significant reduction in funding for the Housing Authority.
• CL241
  The Grand Jury found that Housing Authority program participants must meet eligibility requirements on an annual basis: a. income limits; b. U.S. citizen or eligible immigration status; c. passing criminal background check; d. landlord references; e. credit check; and f. no money owed to the program nation-wide.
• CL242
  The Grand Jury found that eligible families who receive their voucher from the HCV program can search for their own rental housing in the private market. a. The rental unit must pass HUD Housing Quality Standards. b. The rent amount must be comparable to unassisted rental units in the immediate area.
• CL243
  The Grand Jury found that rent assistance is based on a formula using the family's income, rent amount, and utility expenses. Page 117 of 180 a. Generally, families do not pay more than 30% of their adjusted income. b. The remainder of the rent is paid directly to the landlord in rent subsidy.
• CL244
  The Grand Jury found that participants who violate Housing Authority rules may be banned from the program for specific periods of time.
• CL245
  The Grand Jury found that the Housing Authority has 31 full-time and 1 part-time staff positions. Interns are utilized through Ready, Set, Go, a training program for young adults.
• CL246
  The Grand Jury found that the Housing Authority employs a full time City Police Officer who: a. patrols all units to provide a secure and safe living environment for program participants; b. performs criminal background checks (1,000 per year) for program applicants; c. investigates criminal activity and fraud; and d. educates tenants about crime and fraud prevention.
• CL247
  The Grand Jury found that the Housing Authority units are well maintained. The maintenance staff: a. provides repair and maintenance services requested by tenants; b. paints, repairs, and sanitizes vacated units for occupancy by the next tenant within 15 days; and c. performs no maintenance or repair services on HCV units.
• CL248
  The Grand Jury found that 16 public housing units have been sold. a. Five units were sold to tenants. b. Capital was reinvested in acquisition and preservation of new affordable housing.
• CL249
  The Grand Jury found that MORES is a partner in a new 65 unit multi-family development in north Madera. Conclusions:
• CL250
  The Grand Jury concluded that failure to utilize the County's IIPP increases County liability exposure.
• CL251
  The Grand Jury concluded that the Division would benefit by greater participation of the Division Manager in the budget process.
• CL252
  The Grand Jury concluded that the Division is not following the requirements of the USA Program and is in violation of state and federal regulations.
• CL253
  The Grand Jury found that approximately 6% of the accounts are delinquent. a. Delinquent accounts are included on the annual property tax bill. b. There is no financial penalty or service cut-off policy for non-payment.
• CL254
  The Grand Jury found that the current utility billing and accounting software is inadequate and does not meet the needs of the Auditor or the districts. Page 112 of 180 Conclusions:
• CL255
  The Grand Jury found that, due to current economic conditions, the need for low-income and affordable housing has increased while funding has decreased.
• CL256
  The Grand Jury concluded that staffing, procedures, and outdated software are the causes of the Auditor's inability to respond to the needs of the districts.
• CL257
  The Grand Jury concluded that timely reporting of revenues directly impacts the calculation of customer’s utility rates.
• CL258
  The Grand Jury found that the Housing Authority maintains waiting lists of program applicants. a. There are approximately 1,900 applicants on the waiting list for Public Housing. b. The waiting list for the HCV program has about 800 applicants.
• CL259
  The Grand Jury found that the HCV program provides preferences for homeless families that: a. are referred from support service agencies; and b. qualify under the Domestic Violence, Displaced, Family Unification, Behavioral Health, or Veterans programs.
• CL260
  The Grand Jury found that less than 30% of low-income and affordable housing needs in Madera are met by the Housing Authority.
• CL261
  The Grand Jury concluded that the Housing Authority fills a vital role in providing services to eligible residents in need of low-income or affordable housing.
• CL262
  The Grand Jury concluded that there is a critical need for additional low-income and affordable housing in Madera.
• CL263
  The Grand Jury found that most of the acquired properties are undeveloped land or contain abandoned structures in varying stages of deterioration.
• CL264
  The Grand Jury found that the County has rented out 2 pieces of the acquired property. a. Three acres have been rented for commercial storage of materials and equipment. b. One parcel has been rented for residential occupancy.
• CL265
  The Grand Jury found that, on July 26, 2011, the BoS entered into Lease Agreement No. 9434-C-2011 with the landfill operator to permit the storage of materials and equipment for an unrelated business. The lease agreement: a. is for 5 years; b. allows for the use of 3 acres of undeveloped land; c. requires monthly rental payments of $1,500; and d. may be terminated with 90 days written notice. Page 122 of 180
• CL266
  The Grand Jury found that Lease Agreement No. 9434-C-2011 is intended to provide revenue to the County General Fund in the amount of $18,000 annually.
• CL267
  The Grand Jury found that, on December 15, 2009, the BoS entered into Agreement No. 9049-C-2009 to lease a residential parcel (APN 027-192-025) which the County had purchased in September, 2009. The lease agreement: a. is month-to-month, not to exceed 5 years; b. requires monthly rental payments of $900; c. specifies maintenance and upkeep responsibilities of the County and renter; and d. may be terminated with 30 days written notice.
• CL268
  The Grand Jury found that the leased residential property consists of: a. a parcel of land measuring 4.95 acres with dry pasture in the back; and b. a single-family residence of 4,400 square feet, 6 bedrooms, and 3 bathrooms.
• CL269
  The Grand Jury found that the following are included as Recitals in the lease agreement for the residential property: a. The County wished to rent the property only to employees of RMA with experience in grounds keeping or building maintenance for County properties. b. Through RMA the County advertised the opportunity to rent the property to RMA employees. c. The selected renter was the only person to offer to live on the property.
• CL270
  The Grand Jury found that other RMA employees were unaware of the rental opportunity for this residential property.
• CL271
  The Grand Jury found that the residential property renter, at the time of selection, was an RMA employee with experience in grounds keeping for County properties.
• CL272
  The Grand Jury found that the residential property renter is no longer employed by the County.
• CL273
  The Grand Jury found that the selected residential property renter expressed a possible interest in purchasing and moving the residence in the future. a. At the December 1, 2009 meeting, the BoS action taken to proceed with rental of the residential property included direction that the lease agreement contain a provision giving the renter first option to purchase the residence for removal from the property. b. No such option was included in the lease agreement.
• CL274
  The Grand Jury found that members of the BoS offered the following as justifications for selection of a particular person as renter of the residential property: a. He would be a watchman for landfill and other County properties. b. He has done a good job, and we should take care of our own. c. He has offered a good rent. d. He will take care of it, and he has the capability of fixing it up, making it better. Page 123 of 180 e. He will clean up all around. f. He will assist with paleontology and provide security for the museum. g. Security for the museum would cost more than the difference between the offered rent and a higher amount which might be obtained.
• CL275
  The Grand Jury found that none of the above justifications are included in the residential property lease agreement as requirements for the renter. The responsibilities specified in the agreement are those customarily required of any residential property renter.
• CL276
  The Grand Jury found that the contractor for operation of the landfill is responsible for all landfill property, including the acquired undeveloped parcels.
• CL277
  The Grand Jury concluded that the County owns property which is currently idle and which could be offered to rent for appropriate uses.
• CL278
  The Grand Jury concluded that the deteriorating structures on the acquired properties present potential safety hazards and liability exposure for the County.
• CL279
  The Grand Jury concluded that the County has not monitored the maintenance of its acquired properties to minimize risk and liability exposure.
• CL280
  The Grand Jury concluded that four members of the BoS had pre-selected the same individual to rent the residential property prior to the decision being made that the property should be rented.
• CL281
  The Grand Jury concluded that other potential renters were excluded from the residential property rental opportunity by the County's failure to adequately advertise the opportunity, as well as the tailoring of selection criteria to fit a particular individual.
• CL282
  The Grand Jury concluded that members of the BoS had no factual basis nor reasonable expectation that any of the justifications given for selection of a particular individual as renter for the residential property would become reality. Page 125 of 180
• CL283
  The Grand Jury concluded that the County made no attempt to establish the FMV rental amount for the residential property or to maximize the revenue to be derived from it.
• CL284
  The Grand Jury concluded that the BoS knew, or should have known, that the FMV for rental of the 5 acres with a large residence was much greater than $900 per month, given that 18 months later it rented out 3 undeveloped acres located nearby for $1,500 per month.
• CL285
  The Grand Jury concluded that, under the terms of the rental agreement, the renter could be permitted to rent the residential property at the rate of $900 per month for more than 10 years, until it is needed for expansion of the landfill.
• CL286
  The Grand Jury concluded that the County has lost $32,000 to $47,000 in potential rental revenue from the residential property since December, 2009. If the current lease agreement continues unchanged for the full 5 years, the County will lose an additional $33,000 to $49,000. If the residential property continues to be rented at the current rate until it is needed for expansion of the landfill, the total loss of potential revenue to the County could exceed $200,000. This is a significant gift of public funds.
• CL287
  The Grand Jury concluded that permitting non-employees to use County equipment exposes the County to potential liability.
• CL288
  The Grand Jury concluded that the BoS has exercised poor stewardship in its utilization and management of the acquired properties adjacent to the landfill.
• CL289
  The Grand .Jury concludes that the investigative report prepared for the County might address issues of concern to employees within the DA's Office and the general public. The suggestion that the report on an investigation ordered by agents of the County has not been read in its entirety nor made available to the members of the BoS is not creditable. RESPONSE: The Board of Supervisors agrees that the investigative report prepared for the County might address issues of concern to employees within the DA's Office and the general public. The Board points out that the portion of the conclusion (that the report had not been read in its entirety) is not supported by the finding which indicates only that Douglas Nelson, stated he had not read the report in its entirety. There is no indication whether David Prentice, the previous county counsel read the report, or that Dennis Cota, Mr. Keitz and the Board's trial counsel has done so. The Board of Supervisors is not aware whether they have done so. However, whether or not Mr. Keitz and the Board's trial counsel read the report, the report remains privileged. The Board of Supervisors affirms that the report had not been made disclosed or discussed. Any future discussion in closed session will be subject to attorney-client privilege. CONCLUSION: The Grand Jury concludes that the public interest would better be served by a prompt release of the investigative report. RESPONSE: The report is privileged. RECOMMENDATION: The Grand Jury recommends that the 8oS give due deference to a co-equal elected County official, encourage courtesy and collegiality, and consider granting increased budgetary discretion to the DA. RESPONSE: The portion of the recommendation relating to deference has been implemented. The Madera County Board of Supervisors gives due deference to the District Attorney and acknowledges that the District Attorney holds a constitutional office and is an elected official who, in the exercise of his function as public prosecutor, acts in the name of the People of the State of California and is not subject to direction or control of the Page 167 of 180 Honorable Mitchell C. Rigby July 20, 2011 Page 4 of 5 Supervisors. The Board further acknowledges that the District Attorney is the appointing authority for the employees of his department subject to the rules of civil service. The portion of the recommendation relating to courtesy and collegiality has been implemented. The Board of Supervisors as a body strives to maintain courtesy and collegiality in its dealings with staff, the public and each other. The Madera County Board of Supervisors will not grant increased budgetary discretion to the District Attorney because it is not warranted. The District Attorney has budgetary discretion over the budget that is adopted by the Board of Supervisors. If unanticipated events occur during a fiscal year, the District Attorney may present a request for additional appropriation authority to the Board of Supervisors for consideration and approval. The Board of Supervisors, as stated above, will work with the District Attorney on his budgetary needs. RECOMMENDATION: The Grand Jury recommends that the 8oS address human resources functions including file retention and control, initiation and tracking of timely personnel evaluations, duration of paid administrative leave; and the promulgation of procedures regarding employee complaints. RESPONSE: a. File retention and control. This portion of the recommendation will not be implemented because it is not warranted. The Human Resources department already retains employee files from the time the employee is first employed until 10 years following the employee's separation from county service. Employee grievances are already retained from the time the grievance is made until 10 years following the resolution of the grievance. b. Initiation and tracking of timely personnel evaluations. The portion of the recommendation regarding initiation of personnel evaluations will not be implemented because it is not warranted. Initiation of timely personnel evaluations is currently implemented as indicated in the response to the finding in this matter. As the Grand Jury found, the DAis an independently elected, constitutional officer not subject to the direction or supervision of the Madera County Board of Supervisors (BoS). The provisions and procedures that the BoS has established for the human resources activities of the County apply to the employees within the DA's Office. c. Duration of paid administrative leave. This recommendation will not be implemented because it is not warranted. The DA is an independently elected, constitutional officer not subject to the direction or supervision of the Madera County Board of Supervisors. The Board of Supervisors cannot compel the District Attorney to commence administrative discipline against Page 168 of 180 Honorable Mitchell C. Rigby July 20, 2011 Page 5 of 5 an employee within a particular timeframe because this is a decision which is in the discretion of the District Attorney as the appointing authority, to which the Board will give proper deference. d. Promulgation of procedures regarding employee complaints. The recommendation has been implemented and is part of the Madera County Code. The Board of Supervisors has promulgated procedures regarding employee complaints. Those procedures are set forth in Madera County Code section 2.5 7.1 50 Civil service Rule 12 - Grievances, as well as any procedures provided for in the Memoranda of Understanding for the County's bargaining units. RECOMMENDATION: The Grand Jury recommends that the BoS order the public release of the investigative report now in the possession of the County Counsel, even if redacted in part for privacy or privilege purposes. RESPONSE: The Madera County Board of Supervisors will not implement the recommendation because it is not warranted. There is litigation pending before the United States District Court in which the County and the District Attorney are defendants. The attorneys representing the County and the District Attorney in the litigation have asserted that the investigative report is protected from disclosure by the attorney-client and attorney work product privileges. There is also a stipulation between counsel for all the parties in the action that the report will not be disclosed. Sincerely FRANK BIGEL0\{\1_,-Chairman Madera County Board of Supervisors FB/DWN/mmg S:\County Counsei\Board of Supervisors\Letters\Grand Jury re DA FINAL mmg.doc Page 169 of 180 MICHAEL R. KEITZ SUPERJOR COURT BUILDING District Attorney 209 W. Yosemite Avenue Madera, California 93637 Telephone: 559. 675. 7726 Facsimile: 559. 673. 0430 OFFICE OF THE DISTRICT ATTORNEY July 271 2011 h, The Honorable Mitchell C. Rigby Presiding Judge Madera County Superior Court 209 West Yosemite Avenue Madera, California 93637 Re: Response of the District Attorney to the 201 0-2011 Grand Jury investigation of a Citizen Complaint regarding the District Attorney Dear Judge Rigby: I am pleased the Grand Jury has exonerated my office of the allegations of fraudulent behavior, and I thank them for their effort to discern the truth and offer their recommendations. Continuous improvement is one of the values I have set forth for my operation, and their recommendations will undoubtedly result in a better office for the people of Madera County. The following response is submitted pursuant to Penal Code section 933.05.
• CL290
  The Grand Jury concludes that the public interest would better be served by a prompt release of the investigative report. RESPONSE: The report is privileged. RECOMMENDATION: The Grand Jury recommends that the 8oS give due deference to a co-equal elected County official, encourage courtesy and collegiality, and consider granting increased budgetary discretion to the DA. RESPONSE: The portion of the recommendation relating to deference has been implemented. The Madera County Board of Supervisors gives due deference to the District Attorney and acknowledges that the District Attorney holds a constitutional office and is an elected official who, in the exercise of his function as public prosecutor, acts in the name of the People of the State of California and is not subject to direction or control of the Page 167 of 180 Honorable Mitchell C. Rigby July 20, 2011 Page 4 of 5 Supervisors. The Board further acknowledges that the District Attorney is the appointing authority for the employees of his department subject to the rules of civil service. The portion of the recommendation relating to courtesy and collegiality has been implemented. The Board of Supervisors as a body strives to maintain courtesy and collegiality in its dealings with staff, the public and each other. The Madera County Board of Supervisors will not grant increased budgetary discretion to the District Attorney because it is not warranted. The District Attorney has budgetary discretion over the budget that is adopted by the Board of Supervisors. If unanticipated events occur during a fiscal year, the District Attorney may present a request for additional appropriation authority to the Board of Supervisors for consideration and approval. The Board of Supervisors, as stated above, will work with the District Attorney on his budgetary needs. RECOMMENDATION: The Grand Jury recommends that the 8oS address human resources functions including file retention and control, initiation and tracking of timely personnel evaluations, duration of paid administrative leave; and the promulgation of procedures regarding employee complaints. RESPONSE: a. File retention and control. This portion of the recommendation will not be implemented because it is not warranted. The Human Resources department already retains employee files from the time the employee is first employed until 10 years following the employee's separation from county service. Employee grievances are already retained from the time the grievance is made until 10 years following the resolution of the grievance. b. Initiation and tracking of timely personnel evaluations. The portion of the recommendation regarding initiation of personnel evaluations will not be implemented because it is not warranted. Initiation of timely personnel evaluations is currently implemented as indicated in the response to the finding in this matter. As the Grand Jury found, the DAis an independently elected, constitutional officer not subject to the direction or supervision of the Madera County Board of Supervisors (BoS). The provisions and procedures that the BoS has established for the human resources activities of the County apply to the employees within the DA's Office. c. Duration of paid administrative leave. This recommendation will not be implemented because it is not warranted. The DA is an independently elected, constitutional officer not subject to the direction or supervision of the Madera County Board of Supervisors. The Board of Supervisors cannot compel the District Attorney to commence administrative discipline against Page 168 of 180 Honorable Mitchell C. Rigby July 20, 2011 Page 5 of 5 an employee within a particular timeframe because this is a decision which is in the discretion of the District Attorney as the appointing authority, to which the Board will give proper deference. d. Promulgation of procedures regarding employee complaints. The recommendation has been implemented and is part of the Madera County Code. The Board of Supervisors has promulgated procedures regarding employee complaints. Those procedures are set forth in Madera County Code section 2.5 7.1 50 Civil service Rule 12 - Grievances, as well as any procedures provided for in the Memoranda of Understanding for the County's bargaining units. RECOMMENDATION: The Grand Jury recommends that the BoS order the public release of the investigative report now in the possession of the County Counsel, even if redacted in part for privacy or privilege purposes. RESPONSE: The Madera County Board of Supervisors will not implement the recommendation because it is not warranted. There is litigation pending before the United States District Court in which the County and the District Attorney are defendants. The attorneys representing the County and the District Attorney in the litigation have asserted that the investigative report is protected from disclosure by the attorney-client and attorney work product privileges. There is also a stipulation between counsel for all the parties in the action that the report will not be disclosed. Sincerely FRANK BIGEL0\{\1_,-Chairman Madera County Board of Supervisors FB/DWN/mmg S:\County Counsei\Board of Supervisors\Letters\Grand Jury re DA FINAL mmg.doc Page 169 of 180 MICHAEL R. KEITZ SUPERJOR COURT BUILDING District Attorney 209 W. Yosemite Avenue Madera, California 93637 Telephone: 559. 675. 7726 Facsimile: 559. 673. 0430 OFFICE OF THE DISTRICT ATTORNEY July 271 2011 h, The Honorable Mitchell C. Rigby Presiding Judge Madera County Superior Court 209 West Yosemite Avenue Madera, California 93637 Re: Response of the District Attorney to the 201 0-2011 Grand Jury investigation of a Citizen Complaint regarding the District Attorney Dear Judge Rigby: I am pleased the Grand Jury has exonerated my office of the allegations of fraudulent behavior, and I thank them for their effort to discern the truth and offer their recommendations. Continuous improvement is one of the values I have set forth for my operation, and their recommendations will undoubtedly result in a better office for the people of Madera County. The following response is submitted pursuant to Penal Code section 933.05.