Del Norte County Grand Jury • 2014-2015

2014/2015 Del Norte County Grand Jury

Published: May 22, 2015 3 pages Consolidated Report

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⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings 24 findings

The JPA and the SWA continues to be the most appropriate answer to the issues created by the landfill and the appropriate response to CalRecycle and state mandated regulations and laws.

Some decisions made by the Authority Board significantly affected the functioning of the operations of the SWA, reducing its effectiveness.

Multiple violations by Commissioners #1, 2 and 5 of the Code of Ethics occurred.

Commissioners #1 and #5 did not consistently conduct public affairs with honesty, integrity, fairness and respect for others.

Commissioner #1 committed numerous and varied violations of the Code of Ethics and Conduct.

Commissioner #1’s conduct is potentially harmful and divisive to the functioning and vested interests of the SWA and the community.

Commissioner #5 committed multiple violations of the Code of Ethics and Conduct.

No fiscal analyses or cost/benefit impact reports were produced to support some of the decisions the Authority Board rendered.

No fiscal analyses or independent impact reports were produced to support further privatization of the SWA or selling of the transfer station.

F10

SWA has lower disposal rates than Curry County or Humboldt County.

F11

The SWA has been understaffed since August 2013.

F12

The Authority Board failed to modify the workload to accommodate staffing levels.

F13

The SWA is presently out of compliance with its Mission Statement and some state agency regulations due to failure to produce mandated reports in a timely manner.

F14

The costs for managing the SWA increased under the 2013/14 Authority Board.

F15

Applications for grant monies ceased under the 2013/14 Authority Board.

F16

The JPA and the SWA are at functional risk should a charter member choose to withdraw from the JPA.

F17

The actions of Commissioners #1, 2 and 5 contributed to a hostile work environment. 36

F18

Commissioners #1 and #5 demonstrated a lack of transparency in decision processes and outside activities.

F19

Certain Commissioners made misleading statements as to the need and reason for the $33,000 spent on R3 study.

F20

The tone and content of Commissioner #1 and #5’s communications with R3 were inappropriate and an attempt to influence the outcome of the consultant group's report.

F21

Commissioners were varied in their understanding and knowledge of the JPA and state rules and regulations and operating standards.

F22

COE #17 places the Executive Director in the precarious employment position of disciplining his employers.

F23

The Grand Jury finds the continued assertions by Commissioner #1 regarding lowering rates without job loss and increasing privatization of the recycle/wastestream to be unsupported by facts and fiscal analysis.

F24

SWA Commissioners can serve on the solid waste task force and board concurrently.

Recommendations 16

R1

The Solid Waste Authority should return to full staffing with separate positions for the Executive Director and Program Manager.
R2

All Commissioners should be educated about the history of the JPA and SWA and state rules and regulations. All Commissioners should read the 2014/2015 Grand Jury History of Solid Waste Authority.
R2a

Replacement sites should be actively pursued immediately.
R2b

The Board of Supervisors should agendize as a priority item what legal action(s) might be taken, if necessary, to ensure the safety of everyone in Del Norte County.
R3

The Solid Waste Authority should resume its applications for grant monies.
R4

Commissioner #1 be removed from the Solid Waste Authority Board for misconduct and multiple violations of the Code of Ethics which affected the performance of his official duties.
R5

The Grand Jury recommends Commissioner #1 be referred to the Board of Supervisors for consideration of disciplinary action.
R6

The SWA Board recommend the removal of Commissioner #5 from the Solid Waste Task Force for multiple violations of the Code of Ethics.
R7

The Solid Waste Authority should investigate adding Associate Members to the JPA.
R8

The Solid Waste Authority should revisit its plans for a resource and recovery park as a backup and complement to the present recycler in Del Norte County. 37
R9

The Board of Supervisors and City Council should appoint Commissioners who want the JPA and Solid Waste Authority to be successful.
R10

The Solid Waste Authority Board study the Code of Conduct #17 and consider reorganizing the corrective process since it puts the Executive Director in a difficult position of correcting his employers.
R11

The Solid Waste Authority should follow and act in accordance with its own Code of Ethics.
R12

The Solid Waste Authority should conduct all its business in a transparent and public manner.
R13

The Solid Waste Authority should prioritize an immediate return to compliance in all regulatory matters.
R14

Solid Waste Authority Commissioners should not simultaneously be members of the Solid Waste Task Force as it has potential to be a conflict of interest.

Conclusions 5

CL1

privatization/selling of the transfer station
CL2

combining the Director and Manager Position and/or contracting this position
CL3

contracting out employees
CL4

lowering solid waste disposal rates
CL5

job shifting The Grand Jury asserts that the 2013/2014 Authority Board was deficient in its obligations and fiduciary responsibilities to the citizens of Del Norte County. The level of bias demonstrated in many board decisions, the high degree of discord between the SWA board and its staff, and their pattern of disregard for the wishes and well being of the public are unacceptable for our community. 35

Commendations 11

CM1

Providing exceptional customer service and professionalism to the public utilizing the facility.
CM2

Care of the transfer station facility, keeping it as clean as possible and in excellent condition.
CM3

Development, implementation and operation of multiple recycling programs that have made Del Norte County a recycling leader nationwide.
CM4

Development and implementation of accounting policies and procedures that have resulted in a two year cycle of total accountability of funds. 38 2014/2015 Del Norte County Grand Jury RED MOUNTAIN COMMUNICATION SITE CLOSURE SUMMARY A member of the 201415 Del Norte Grand Jury asked the former Sheriff what he would suggest be investigated. His suggestion was the adequacy of 911 calls for Del Norte County. While investigating 911 calls it came to our attention that the site on Red Mountain, an intricate part of the emergency system, is planned for deactivation of all communication equipment in 2022. This mountain is one of the highest peaks located in the Southwest corner of Del Norte County. The deactivation of the communication equipment on Red Mountain will result in significant disruption of emergency communication throughout Del Norte County, and may become life threatening.
CM5

Klamath Fire Protection District and Klamath Fire Auxiliary for acquiring a newer support vehicle.
CM6

Klamath Fire Protection District for implementing the Brown Act at meetings.
CM7

Yurok Tribe for helping to improve the funding and effectiveness of the Klamath Fire Protection District. 59 2014/2015 Del Norte County Grand Jury KLAMATH FIRE PROTECTION DISTRICT GRAND JURY RECOMMENDATIONS FOLLOW UP SUMMARY Each newly appointed grand jury is responsible for monitoring the responses legally required to the recommendations made in the grand jury report from the previous year. The Klamath Fire Protection District failed to respond to the Del Norte County Grand Jury regarding the 2013/2014 Recommendations.
CM8

The current dispatchers deserve the gratitude of all residents of Del Norte County for their commitment and hard work. 44 2014/2015 Del Norte County Grand Jury PELICAN BAY STATE PRISON SUMMARY On March 11, 2015, four members of the 2014/2015 Del Norte Grand Jury made a scheduled visit to Pelican Bay State Prison, in accordance with the California Grand Jury mandate to conduct annual visits to all detention facilities within Del Norte County.
CM9

The Pelican Bay Staff plays an important part in the Del Norte County community. The Fire Crew trains with the Crescent City Fire Department and assists when help is requested. The Crisis Response Team is utilized by local law enforcement agencies in a mutual aide capacity. Their expertise in hostage situations, selective marksmanship and assault tactics are available to our community in emergency situations. They provide valuable assistance to the Del Norte Sheriff’s office in the marijuana eradication program. The professional training of these crews makes our community a safer place for all citizens. 46 2014/2014 Del Norte County Grand Jury DEL NORTE COUNTY JAIL SUMMARY Four members of the 2014/2015 Grand Jury made a scheduled visit to the Del Norte County Jail on December 3, 2014 in accordance with the California Grand Jury mandate to conduct annual visits to all of the detention facilities within Del Norte County. In addition to the tour, the same four Grand Jury members held a scheduled interview with the Commander of the Del Norte County Jail.
CM10

The removal of the decrepit county owned vehicles is greatly appreciated 50 2014/2015 Del Norte County Grand Jury BAROBOYS RANCH SUMMARY On October 1, 2014, three members of the Del Norte County Grand Jury Detention Committee made a scheduled visit to BarORanch Youth Facility. This visit was in accordance with the California Grand Jury mandate that an annual visit to all detention facilities within the county be made by Grand Jury members.
CM11

The 2014/2015 Grand Jury Detention Committee is very impressed with the dedication and hard work that the BarORanch staff demonstrates. The youth that graduate from the program have gained life and vocational skills that they can use as productive members of our society. Our tour was an enlightening experience and we thank the staff for all the work they do with these young men. 53 `2014/2015 Del Norte County Grand Jury CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION CAMP 20ALDER CAMP SUMMARY On February 4, 2015, three members of the 2014/2015, Del Norte Grand Jury Detention Committee made a scheduled visit to the California Department of Corrections and Rehabilitation(CDCR) Camp 20Alder Camp, in accordance with the California Grand Jury mandate to conduct annual visits to detention facilities located in Del Norte County.