Mono County Grand Jury • 2012-2013

Mono County Grand Jury Final Report

Published: July 15, 2012 43 pages Consolidated Report

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

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

Note: Missing finding numbers detected: F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12, F13, F14, F15, F16, F17, F18, F19, F20, F21, F22, F23, F24, F25, F26, F27, F28, F29, F30, F31, F32, F33, F34, F35, F36, F37, F38, F39, F40, F41, F42, F43, F44, F45, F46, F47, F48, F49, F50, F51, F52, F53, F54, F55, F56, F57, F58, F59, F60, F61, F62, F63, F64, F65, F66, F67, F68, F69, F70, F71, F72, F73, F74, F75, F76, F77, F78, F79, F80, F81, F82, F83, F84, F85, F86, F87, F88, F89, F90, F91, F92, F93, F94, F95, F96, F97, F98, F99, F100, F101, F102, F103, F104, F105, F106, F107, F108, F109, F110, F111, F112, F113, F114, F115, F116, F117, F118, F119, F120, F121, F122, F123, F124, F125, F126, F127, F128, F129, F130, F131, F132, F133, F134, F135, F136, F137, F138, F139, F140, F141, F142, F143, F144, F145, F146, F147, F148, F149, F150, F151, F152, F153, F154, F155, F156, F157, F158, F159, F160, F161, F162, F163, F164, F165, F166, F167, F168, F169, F170, F171, F172, F173, F174, F175, F176, F177, F178, 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F2009, F2010

Findings and Recommendations 2 findings

F1 Page 13

The current staff in the Assessor’s Office is not effectively aligned with the current workload of the department. The number of appraisers should be reduced to four. Action: County Assessor Timeframe: 6 months 2. The County Assessor should maintain full authority over the mapping function. This includes oversight of individual(s) or contractor(s) performing the mapping and specifications for software. Action: County Assessor, CAO, Board of Supervisors Timeframe: 3 months 3. The County Assessor should have the autonomy to make staffing decisions within the department consistent with public employee union rules, Mono County personnel policies, and the constraints of the department’s approved budget. The County Assessor, as an elected official, should have full authority to define the roles and responsibilities of department staff. Action: County Assessor, CAO, Human Resources Department, Board of Supervisors Timeframe: 3 months 4. The Mammoth Lakes branch of the Assessor’s Office is underutilized and should be closed. Action: County Assessor Timeframe: 6 months 11 Mono County Grand Jury for the Year 2011-2012 Investigation #11-02 Mammoth-Yosemite Airport Final Report by Grand Jury Investigative Committee Introduction: The 2011 - 2012 Grand Jury chose to investigate the Mammoth-Yosemite Airport (the “Airport”), with specific focus and emphasis on the transparency, process and accessibility of the Airport budget. In the process of its investigation, the Grand Jury learned that, although the Airport budget had not been readily available in the past, it is now posted for public access on the Town of Mammoth Lakes (the “Town”) website. In addition, Airport Commission meetings had previously been relatively unstructured and informal, but have now become more formalized and process oriented. Background and Methods: In order to pursue its investigation, the Grand Jury obtained from the Town Finance Director copies of the 2010-2011 and 2011-2012 Airport budgets, with supporting documentation. The Grand Jury interviewed all five of the current Airport Commissioners, and a Grand Jury member attended a meeting of the Airport Commission. The Grand Jury interviewed the Town Manager and the Town Finance Director to determine the Airport budgeting process, direction, and accessibility. The Grand Jury interviewed the Airport Manager and Transportation Director (“Airport Manager”) and toured the Airport facilities. The Grand Jury also asked an independent certified public accountant (“CPA”) to review the most recent Airport budget and provide an opinion as to the transparency of that budget. In this investigative process, beyond mere scrutiny of the Airport budget, the Grand Jury extended its attention toward the need for improved efficiency of resource use within the Town’s operations. The Grand Jury wishes to thank all interviewees for their participation and cooperation with its investigation, and for their honesty and forthrightness which enabled the Grand Jury to reach its conclusions. Findings: • The Town Finance Director indicated that the 2011-2012 Airport budget had been adopted by the Town Council on November 2, 2011, and that the 2010-2011 and 2011-2012 Airport budgets were now available on the Town’s website. The Grand Jury reviewed the 2011- 2012 Airport budget and determined that the Grand Jury members were not qualified to analyze the budget, as it appeared confusing to a lay person. To address the lack of accounting expertise on the Grand Jury, the Grand Jury requested that an independent CPA review the 2011-2012 Airport budget. The CPA found sufficient transparency and advised that the budget appeared to conform to accepted standards. 12 • The focus of the Airport Commission meeting which was attended by a Grand Jury member was the Airport layout plan (“ALP”) which had been prepared with input from a consulting firm. • Three out of the five Airport Commissioners interviewed by the Grand Jury stated that the 2011-2012 Airport budget, prior to adoption, was not readily available when they requested to review it. The Commissioners were not involved in the working budget process nor were they aware of the adopted budget being posted on the Town’s website until recently. • Since the Town Manager has now become actively involved in Airport Commission meetings, these meetings have become more formalized, including prepared agendas, representation by the Town’s public works department, explanation to Commissioners of responsibilities under the Ralph M. Brown Act, and explanation of other parliamentary procedures. • During the Grand Jury’s interviews with the Town Manager and Town Finance Director, the Grand Jury was advised that the budget is usually a “roll over” from prior years with appropriate changes. The Airport Commission does not appear to be involved in this budgeting process. The Town Manager is working toward more transparency and involvement of the Airport Commissioners and inclusion of the Airport Commission’s suggestions and recommendations into the final budget. • The Town’s Information Technology (“IT”) and accounting software resources are currently outdated and not able to make accurate budget comparisons. The Town Manager anticipates implementing improvements in the IT processes which will allow timely updating and budget reporting. • In an effort to streamline Town commissions, the Town Manager advised that the Town Council is looking to combine various commissions, including the Airport Commission, into one commission. The Airport Manager gave the Grand Jury a tour of the Airport, including security, terminal, apron, sprung structure, equipment hangar, and the Fixed Base Operator facilities. The Airport Manager discussed the staffing levels, Federal Aviation Administration grants, airport consultants and the ALP. The Airport Manager also recommended that the Airport Manager position be exclusive to the airport function and not be combined with the Town’s transportation department.

No recommendations for this finding

F2011 Page 4

The new courthouse provided superb facilities for the conduct of the Grand Jury proceedings. Because of the shortened Grand Jury year, this Grand Jury investigated only a limited number of issues. It was the determination of the Grand Jury that thorough investigation of the selected cases was a higher priority than taking on additional cases and perhaps not having the time to properly complete the individual investigations. Partially as a result of changes in California conflict of interest laws that became effective in January of 2012, certain members recused themselves from individual investigations. With the valuable support of Hector Gonzalez, Executive Officer of the Court, the jurors undertook a detailed training program developed by the California Grand Jurors Association. This training greatly enhanced the effectiveness of the Grand Jury as it carried out its role of reviewing operations of local government in Mono County. Continuing the practice followed by the two prior Grand Juries, the 2011-2012 Grand Jury did not establish standing committees related to any area of local governance practice or geography. This provided flexibility in addressing issues and did not arbitrarily constrain or direct the functioning of the Grand Jury. My experience as foreperson has been an honor and a privilege. I found it personally rewarding to be able to facilitate the work of the team as we conducted the business of the Grand Jury. I would like to thank: • Judge Stan Eller for providing each of us with the opportunity to serve; • County Counsel Marshall Rudolph and District Attorney George Booth for their legal insight and advice; • Court Executive Officer Hector Gonzalez and Executive Assistant Alyse Caton for their operational guidance and support; • All of the local governmental officials and staff who educated us on the functions and inner workings of numerous governmental entities; and • Last, but not least, my fellow Grand Jurors, who each devoted the better part of a year of their lives to this effort, for their dedication and thoroughness. Each found a way to meaningfully contribute to the effort. They made it a pleasure to serve. I encourage interested, qualified citizens of the County to follow in the tradition of service and apply to be a Civil Grand Juror. It is an opportunity to meet and work with a variety of engaged individuals from the greater Mono County community, learn about the functioning of local government, and provide a valuable public service. Sincerely, William T. Taylor Foreperson, THE GRAND JURY SYSTEM Shrouded in secrecy, the functions of a Grand Jury are not widely known. The following summary describes what a Grand Jury is and does: The Grand Jury system dates back to 12th century England during the reign of Henry II. Twelve “good and lawful men” were assembled in each village to investigate anyone suspected of crimes. The jurors passed judgment based on what they themselves know about a defendant and the circumstances of the case. It was believed that neighbors and associates were the most competent to render a fair verdict. By the end of the 17th century, the principle that jurors must reach a verdict solely on the basis of evidence was established, and that practice continues today. Although California Supreme Court decisions have curtailed the historical criminal indictment function, the Grand Jury still serves as an inquisitorial and investigative body functioning as a “watchdog” over regional government. The Mono County Grand Jury, as a civil Grand Jury, is not charged with the responsibility for criminal indictments except in the case of elected or appointed county officials. Its primary function is the examination of county and city government, including special legislative districts such as community service districts and fire protection districts. The Grand Jury seeks to ensure that government is not only honest, efficient and effective, but also conducted in the best interest of the citizenry. It reviews and evaluates procedures, methods and systems used by governmental agencies to determine compliance with their own objectives and to ensure that government lives up to its responsibilities, qualifications and the selection process of a Grand Jury are set forth in California Penal Code Section 888 et seq. The Grand Jury responds to citizen complaints and investigates alleged deficiencies or improprieties in government. In addition, it investigates the county’s finances, facilities and programs. The Grand Jury cannot investigate disputes between private citizens or matters under litigation. Jurors are sworn to secrecy, and all citizen complaints are treated in strict confidence. The Mono County Grand Jury is a volunteer group of 11 citizens from all walks of life throughout the county. Grand jurors serve a year-long term beginning July 1, and the term limit is two consecutive years. Lawfully, the Grand Jury can act only as an entity. No individual grand juror, acting alone, has any power or authority. Meetings of the Grand Jury are not open to the public. By law, all matters discussed by the Grand Jury and votes taken are kept confidential until the end of term. One of the major accomplishments of a Grand Jury is assembling and publishing its Final Report. This document is the product of concentrated group effort and contains recommendations for improving various aspects of governmental operations. When it is completed, the Final Report is submitted to the presiding judge of the Superior Court. After release by the court, it is directed first to county department heads for review, then to the communications media. The Final Report is a matter of public record, kept on file at the court clerk’s office. It is also available on line at: www.monocourt.org. Grand Jury Advisors Stan Eller Judge, Superior Court, Mono County Hector Gonzalez Jr. Executive Officer, Superior Court, Mono County George Booth District Attorney, Mono County Marshall Rudolph County Counsel, Mono County Alyse Caton Executive Assistant, Superior Court, Mono County 5 Grand Jurors 2011-2012 Grand Jurors Bill Taylor, Foreman Janine Hernandez Mammoth Lakes Mammoth Lakes Victoria Phelps Sharlean Magid Crowley Lake Mammoth Lakes Richard Bailey Gerard Oliveira Mammoth Lakes Mammoth Lakes Bea Beyer Ellen Narita Crowley Lake Crowley Lake Mike Boucher Julie Thompson Mammoth Lakes Mammoth Lakes Kathy Cage Mammoth Lakes Grand Jury Committees* 11-01: Mono County Assessor’s Office 11-02: Mammoth Lakes Airport Gerard Oliviera, Chair Bea Beyer Vicky Phelps Julie Thompson Richard Bailey Richard Bailey Mike Boucher Janine Hernandez Ellen Narita Response and Accountability Jail and Probation Inspection Mike Boucher, Chair Full jury Sharlean Magid *Foreperson is an ex officio member of all committees 6 Mono County Grand Jury for the Year 2011-2012 Investigation #11-01 Mono County Assessor’s Office Final Report by Grand Jury Investigative Committee Introduction: The Grand Jury is charged with reviewing county government. Penal Code Section 925 requires that the Grand Jury investigate and report on at least one county agency. The 2010-2011 Grand Jury suggested that this year’s Grand Jury investigate and report on the operations of the Mono County Assessor’s Office (the “Assessor’s Office”). The last formal Grand Jury investigation of the Assessor’s Office was in 2007-2008. The 2011-2012 Grand Jury concurred and chose to investigate the Assessor’s Office. Background: In order to best understand the current functioning of the Assessor’s Office, it is helpful to look back at the status of the office in 2008. The 2007-2008 Grand Jury received a complaint, #07-03, from the Mono County Board of Supervisors (the “Board of Supervisors”) requesting that it investigate the then Mono County Assessor (the “Previous Assessor”). The Board of Supervisors specifically asked that the Grand Jury investigate the Previous Assessor’s job performance, amount of time spent at work, and the use of alcohol during work hours and while traveling to and from work. The 2007-2008 Grand Jury reported as follows: “While appointed to the position, the County Assessor worked full time, performed diligently and efficiently. Once elected, the Assessor’s approach to the office changed. Time in the office became limited to Tuesdays, Wednesdays, and Thursdays. Random office hours during those days lasted from thirty minutes up to two hours. During the time the Assessor was in the office, tensions were high and morale extremely low. The County Assessor was rarely in the office and left no one with authority to properly manage the staff. This made it necessary for the CAO to intercede on behalf of the Assistant County Assessor so the staff could be managed. Job attrition rates increased, and there were three vacant positions on the Assessor’s staff at the time of this investigation.” Key problems identified by the 2007-2008 Grand Jury with the Assessor’s Office under the Previous Assessor were a large backlog of reappraisals that were adversely affecting the county’s revenue from tax collection, and the significant time lapse in reappraising Mammoth Mountain Ski Area (“MMSA”) after its change of ownership. The 2007-2008 Grand Jury found that the Previous Assessor had seriously abused the office of an elected official and recommended that “appropriate action should be taken by the citizens of Mono County for the removal of the Mono County Assessor from office.” On June 3, 2008 voters in Mono County recalled the Previous Assessor by a vote of 2,697 for and 181 against. In a separate vote during that election a new person (the “Current Assessor”) was elected to the position of Mono County Assessor (the “County Assessor”). The term of office of the Current Assessor began on June 4, 2008. (At the time of preparation of this report, the Grand Jury has been informed that the Current Assessor has resigned effective June 28, 2012.) 7 Methods: The 2011-2012 Grand Jury conducted ten interviews during its investigation of the Assessor’s Office, including interviews with all five members of the Board of Supervisors, the Chief Administrative Officer (“CAO”) of the county, the Current Assessor, the Mono County Assistant Assessor (the “Assistant Assessor”), and two Mono County appraisers. In addition, members of the Grand Jury accompanied the two Mono County appraisers while they were in the field making on-site visits for appraisal purposes and toured the Mammoth Lakes branch of the Assessor’s Office. The Grand Jury also reviewed documents from the Assessor’s Office and audits made by the California Board of Equalization during its periodic visits to review the functioning of the Assessor’s Office. Findings: Improvements in the Operations of the Assessor’s Office: The Grand Jury finds that the Assessor’s Office is functioning much more effectively today than it was four years ago. While tensions still exist within the office, and personnel have been challenged to raise the standards of their professional performance, the output of the office – timely and accurate parcel assessments – has vastly improved. The backlog of parcel assessments, which existed under the Previous Assessor, is gone. The tax rolls for Mono County have been completed on time – by June 30th – for the past three years. Complex negotiations over the reassessment of MMSA were completed in December 2011. As a result of the nation’s recent financial turmoil, generated by the crash of the housing bubble, the Assessor’s Office has efficiently shifted its focus from assessing new construction of homes and sales of existing properties to one that carefully looks at reassessing Mono County properties that have declined in value. The Grand Jury finds that the Assessor’s Office has significantly improved many of its primary operating procedures. Under the Previous Assessor, Mono County’s five appraisers did most of their appraisals from within their office, using a cost method for deriving the value of a property or parcel. The values for properties and parcels were generally derived from a book. There was little oversight of their work. New procedures instituted by the Current Assessor and the Assistant Assessor have resulted in increased professional training for the five appraisers, a higher level of professionalism in the office, and a more complete review of their assessment calculations and conclusions. New assessment policies and procedures have been implemented. Appraisers are encouraged to go out into the field to visit the sites they are appraising to get a first-hand look at the location of the parcel/property, to observe the quality of construction, and to take note of additional factors affecting assessment valuations that are impossible to glean without a site visit. The appraisers are now also joining the regularly scheduled real estate caravans to view new listings. These new procedures have resulted in more accurate assessments, which benefit both the county and citizens by generating a fair tax assessment in a timely manner. Interviews with the five members of the Board of Supervisors revealed that they believe that the Assessor’s Office has demonstrated increased professionalism and improved efficiency and productivity since the election of the Current Assessor. The Board of Supervisors was pleased 8 that the complex MMSA reassessment was completed by the end of 2011, so that additional tax revenues could be utilized by the county and its special assessment districts during this time of fiscal stress. Staffing of the Assessor’s Office: The Grand Jury finds that the current staffing in the Assessor’s Office does not align with the current department workload. Real estate values have plummeted in Mono County – as they have in the rest of the country – resulting in Proposition 8 reassessments of property value. There were approximately 400-500 Proposition 8 reassessment requests pending in Mono County in September 2009. While those initial Proposition 8 reassessments have been completed, as of December, 2011 there were still over 4,000 additional Proposition 8 reassessments that needed to be completed due to declining property values. The Grand Jury finds that the Assessor’s Office has been proactive in analyzing current property values for persons who purchased property in Mono County during the housing bubble years and directing county appraisal staff to reassess properties that might have been over assessed. There are currently nine positions in the Assessor’s Office. There is the Current Assessor, an elected position, the Assistant Assessor, an at-will position, and five appraisers, a clerical assistant and an auditor/appraiser, all of whom work under Mono County public employee union contracts. The Assessor’s Office does not currently have in-house mapping capabilities. There is also a current opening for an administrative assistant to work under the direction of the Assistant Assessor. While there has been a shift in work load for Mono County’s appraisers away from the traditional appraisals of new construction and existing apartment, condominium and home sales to Proposition 8 declining value assessments, there has also been a decline in their overall work load. The net result is that Mono County does not need five appraisers to handle the workload – four would do – but does require additional staff to handle mapping and assessment appeals processes. Autonomy and the Efficient Functioning of the Assessor’s Office: The Grand Jury finds that the process the County Assessor must go through to modify existing staff positions or create new positions within the department is time consuming and cumbersome. One of the challenges in our local government is balancing the autonomy which an elected official should enjoy in directing the resources of his/her department with the fiscal oversight required by the Board of Supervisors for the overall county budget. One of the primary sources of revenue – property taxes - for Mono County is generated by the Assessor’s Office. There needs to be a significant amount of consultation and cooperation between the departments overseen by elected officials, such as the Assessor’s Office, and the other layers of county administration – CAO, Human Resources, Finance Department, and the Board of Supervisors – to ensure that necessary modifications to existing staffing are made in a timely manner without undo battles over turf, ego, and/or position. When the Current Assessor came into office, several positions were eliminated while other positions were redefined. As a result of these many changes of duties, responsibilities, job descriptions and work expectations, there were significant tensions and hard feelings among the 9 staff of the Assessor’s Office. While many of these issues have been resolved, others remain. The County Assessor, while needing the authority and ability to effectively direct and guide department staff, also needs to be sure to comply with the terms of existing public employee union contracts as well as county personnel policies when making any changes to existing staff positions, hours, or terms of employment. Mapping: The Grand Jury finds that there is a need for accurate assessor parcel maps in Mono County. The mapping staff member in the Assessor’s Office recently retired. There is a current backlog of approximately 2,000 maps that need to be updated, corrected, or drawn in order to expedite accurate and timely assessments in the future. Many condominium projects and commercial projects in the county need to have accurate maps drawn which correspond to the correct parcel numbers. There has been tension between the county’s Information Technology (“IT”) Department and the Assessor’s Office over the format in which the maps should be drawn – GIS (Geographic Information System) or CAD (Computer Aided Drawing) – and whether those maps should be drawn by the county’s IT Department, be drawn by staff within the Assessor’s Office, or be sent to outside contractors to complete. Section 1256 of the California Revenue and Taxation Code clearly states, “At the request of the assessor, the board of supervisors shall authorize and direct the assessor to prepare, or to supervise the preparation of, maps and block-books as may be needed for the assessor’s office to meet the requirements of the state board with respect thereto. All costs incurred in connection therewith shall be a charge against the county general fund, payable in the same manner as other county charges.” Over the past two years, efforts have been made to address the mapping issue. The Current Assessor estimates that it will take one to two years to complete the backlog of maps in the Assessor’s Office. A local engineering firm was contracted in 2011 to draw ten parcel maps. The cost of those ten maps - $25,000 – exceeded the normal amount expected for such work. According to the Current Assessor, the maps were not sufficiently accurate for the needs of the department. Meanwhile, the Current Assessor has recently sent some of the backlogged parcel maps for 2012 to a different outside firm that has produced satisfactory results at a much lower cost - $3,125 for 12 maps. One concern with hiring a full-time mapper in the Assessor’s Office is that the position may not involve full time work once the backlog of maps is completed. Mammoth Lakes Office: The Grand Jury finds that the Mammoth Lakes branch of the Assessor’s Office is underutilized. The Assessor’s Office opened a Mammoth Lakes branch office several years ago, because there was a perceived need for citizens in the south county to have ready access to help from the Assessor’s Office personnel. However, the public is not using the Mammoth Lakes office. If the public needs site visits, appraisers generally go directly to their homes. Documents and maps are all maintained and available at the Bridgeport office. Closing the Mammoth Lakes office would reduce travel time, office space rental, staffing expenses and tax assessment fees charged to special districts. The Mammoth Lakes office has a current monthly rental cost of $1,400 per month. There are cubicles in the current Mono County offices in Mammoth Lakes that could be used by appraisers when they are working in the southern areas of Mono County. With one office 10 - the Bridgeport Assessor’s Office - in operation, it will be easier for the County Assessor or the Assistant Assessor to regularly be present to answer technical questions and effectively manage the productive output of the staff.

No recommendations for this finding

Conclusions 7

CL1 Page 32

All responses to Grand Jury Final Reports should be made available to the public via postings on the Mono County Grand Jury website: http://www.monocourt.org/grand_jury.htm.
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All Mono County governmental agencies and elected officials who are named in Grand Jury Final Reports and who do not respond within the 90 day period should be admonished by the Court and held accountable for meeting the requirements of Penal Code 933.
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Future Mono County Grand Juries should form their own Response and Accountability committees to monitor responses to recommendations from the previous Grand Jury and post responses on the Mono County Grand Jury website for the public to review. 30 Mono County Grand Jury for the Year 2011-2012 Mono County Jail and Probation Department Tours Penal Code Section 919 (b) requires that the Grand Jury inquire into the condition and management of the public prisons within the county. To comply with that requirement, the 2011- 2012 Grand Jury toured the Bridgeport Jail (the “Jail”) and interviewed the Mono County Sheriff (the “Sheriff”). In addition, the Grand Jury toured the Probation Department facility in Bridgeport (the “Probation Department”) and Juvenile Hall to gain a more complete picture of the local justice system. Assembly Bill 109 In response to a Supreme Court decision finding that California’s overcrowded prisons constituted cruel and unusual punishment, the state passed Assembly Bill 109 (“AB 109”) in April of 2011. Through a program known euphemistically as “prison realignment,” AB 109 reduces the state prison population by transferring to counties the responsibility for housing, supervising, rehabilitating and managing low-level offenders. Under the bill, up to 30,000 state prison inmates could be transferred to county jails over three years. Prior to enactment of AB109, non-serious felons sentenced for more than one year would be incarcerated in the state penitentiary system. Now, the county must plan for dealing with prisoners for the full term of their sentences. This could run to decades in some cases. The Grand Jury was especially interested in learning about the potential impacts of AB 109 on the Jail and any plans for dealing with those impacts. Jail Tour March 8, 2012 Intake/Sally Port The tour began with an introduction by the Undersheriff and the Supervising Sergeant of the Jail (the “Sergeant”). Following the introduction, the Grand Jury’s tour of the facility began at the intake area or sally port where vehicles with inmates arrive. On the day of the tour, inmates were just outside the sally port area washing sheriff department vehicles. According to the Sergeant, inmates who want to work can help with washing vehicles. Approx. 30% of inmates are Spanish speaking. About 25% of the staff knows enough Spanish to talk to these inmates. The Sergeant did not feel that language was an issue at the Jail. There is a gun locker where all guns must be placed prior to entering the booking area. Booking Area The booking area is where all inmates are processed for admittance and given an orientation and a handbook of Jail rules – as required by law. The walls have various signs that are required by law and relate to the rules and procedures of the Jail. There is a booking cage where inmates are asked to sit while the officer processes the individual. The Jail uses the Department of Justice (“DOJ”) livescan machine for fingerprints. The Jail also recently did a major upgrade to its ability to 31 collect DNA. Once fingerprints are scanned to the DOJ, the system will let the jailer know almost immediately if DNA must be collected from the inmate. DNA samples are put into a kit (which is contained in a regular size envelope) and sent to the DOJ in Sacramento for testing. The booking area also has a DOJ breathalyzer that is linked via a T1 line to the DOJ in Fresno. This machine is used only for suspected DUIs since it costs approximately $50 each time it is used. If an inmate is being difficult and uncooperative, the Jail has a security chair to use where the arrestee is cuffed and immobilized (the Grand Jury did not see this chair). Everything in the holding area is video and voice recorded. This is the only area of the Jail with voice recording. The entire facility has video recording. According to the Sergeant, there is no expectation of privacy in the Jail. The booking area also contains the library of books and periodicals that the Jail is required to have. There are three separate rooms off of this area. One room is used to strip search inmates when they are being processed. All strip searches are videotaped. The officer will only visually check body orifices. If something looks suspicious or wrong, the Jail will take the inmate to the hospital for an x-ray. Another room is used for medical appointments (dental or medical) with the physician’s assistant (“PA”) who comes to the Jail four days a week from the Bridgeport Clinic. In order to see the PA, an inmate must submit a sick slip prior to the visit. The Jail charges each inmate $3 per visit – in an effort to keep inmates from abusing or overusing the medical visits. If a doctor wants to see an inmate for a follow-up visit, the inmate is not charged. The PA will stay at the Jail for as long as necessary to see all inmates who have submitted a sick slip. According to the Sergeant, prescription costs are currently running about $1,300 per month. Depending on the number of inmates, medical costs can run as much as $100,000 per year. The Jail is required to pay all medical costs for inmates. The Sheriff’s Department has no ability to control medical costs. In the prior fiscal year, the cost for medical services exceeded the budget allocation. For the current fiscal year, costs are down as a result of a lower inmate population. This will likely be affected by the provisions of AB 109. The third room in the booking area is a “sobering” cell. The Jail also has two isolation cells that are used for discipline or protective custody. Inmate Property The Jail takes away all clothes and personal property of inmates. An inventory of these items is prepared and then the items are stored until the inmate leaves the facility or the family picks up the items. By law, inmates’ property must be secured and the inmates must have access to their property. At present, property is stored in a room in the Jail but an additional offsite storage location may need to be found if the amount of stored property can no longer fit into the one room. Mental Health According to the Sergeant, mental health and counseling will become more of an issue when the Jail has more long-term inmates, as will happen pursuant to AB 109. 32 Laundry “Trustee” inmates do all the laundry. California law stipulates how many items of clothing each inmate is entitled to each week. The Jail is required to keep in stock 2-1/2 times the amount of required clothing. The Jail just replaced its washer and dryer at an approximate cost of $26,000. The Jail would like to have more machines, but there is not enough room. Books The Jail is required to buy and provide books and periodicals for the inmates. The cost is covered by the profits from the inmate store. The Grand Jury did not see this store or get any information on what is available to inmates through the store. The Jail used to maintain a law library at a cost of $10,000 per year. But, then a judge ordered that the Jail only had to retain a small number of law books (costing only $1,000 per year). The Jail also has a service from Berkeley to provide up to date legal information to those inmates who request it. Kitchen The kitchen is inspected once a year by the California Corrections Department and again by the Mono County health department. The Jail just spent $18,000 for a new fryer, stove and charbroiler. According to the Sergeant, the kitchen is rated one of the cleanest kitchens in the state. And, indeed, the kitchen did look exceptionally clean. Inmates use a plastic “spork” for eating. Breakfast is served at 7 am, lunch (the heaviest meal) at noon, and dinner (usually soup and sandwich) at 6 pm. All menus must be approved by a state dietitian. The Sergeant said that 2-1/2 years ago, when there was serious flooding in Mono County, the ceiling of the kitchen came down. About half of the inmates at the time were released early and the other half had to be temporarily relocated to El Dorado County while repairs were done. The Jail has two paid cooks. They would like to hire a third cook, but that position has not been approved. (When one cook is on vacation or sick, the remaining cook has to be on duty every single day.) Years ago, the Jail had two instances of salmonella poisoning. The kitchen has a huge walk in freezer and walk in fridge. The Jail keeps about a month’s worth of food on hand in case of road closures. The Sergeant also pointed out the Inergen fire system sensor that is in the corner of the kitchen storage area. This new system cost approximately $18,000 and is a non-toxic replacement for Halon as a fire suppressant. The Jail is not required to accommodate special diets, such as religious diets. However, pregnant inmates are required by law to have a modified diet, with additional dairy, for example. The Grand Jury ate the same lunch that was served to inmates. The lunch consisted of a burrito, refried beans, corn, pudding and half an apple. 33 Yard There is a small yard vestibule that leads to the secure yard. (That vestibule is also used as a second “sobering” cell if needed.) The yard is all cement and has a roof. The sides are completely enclosed in mesh wire. The yard is actually pretty grim. The Jail removed the basketball hoop and the weights because the inmates would try to pick them apart. The Jail is required to offer each inmate three hours per week in the yard, though not all inmates use the full three hours. The Sergeant thinks the yard will become more dangerous once state prison inmates are moved to the Jail. Cell Blocks Cell block A is a minimum to light medium security block that currently contains 10 male inmates. The inmates sleep in a large bunk room that contains several bunk beds. The inmates are not allowed to have many personal items – 3 photos, 3 books, writing material and one TV that is shared by all inmates in the block. Inmates get library call once a week. Some inmates work and are outside of the Jail during the day. Other inmates don’t want to work and, according to the Sergeant, spend over 50% of their time sleeping. Cell block B is the heavier security block that contains inmates who have come from state prison or are on their way to state prison. The inmates are kept in separate cells and there is an open area with a table, TV and chairs. Each cell can be separately locked. Cell block D has four beds for female inmates. Currently, there is only one female in the Jail and she is being held in one of the isolation cells. Finally, there is a small cell for the two inmates who serve as ‘trustees” and two isolation cells that are typically used for discipline and/or for protective custody (for ex., any inmate charged with or convicted of sex crimes is placed in an isolation cell). An officer is required by law to enter each of the cell blocks at least once an hour to check on all inmates. Any inmate in detox (or sobering cell) must be checked every half hour, and inmates on suicide watch must be checked every 15 minutes. Visitors are allowed every day except on Tuesday, which is a heavy court day). Program and Control Area This area contains the 911 dispatch center as well as video feeds from the entire facility. The camera system is apparently quite new and videos are retained for 18 days. The Sergeant said that the videos can be very helpful as evidence in the case of any big fights. All Jail employees must learn to be both correctional officers and 911 operators. If the 911 operator is needed to assist with a female inmate, another officer must take over the 911 dispatch. The Jail is required to have a female employee at the Jail at all times. The 911 dispatch serves as the dispatch center for the entire county, including Mammoth Lakes. Dispatch must be staffed at all times. The dispatcher may never leave the post, even to assist another officer with a problem inmate. According to the Sergeant, the number of calls for service is off the charts – thousands of calls a year. Everything in the control area is done electronically. The operator in the control area can toggle 34 between various law enforcement agencies, Jail door controls, electrical systems, water, etc. The Jail purchased this electronic system 15-17 years ago. The system is getting old and it is getting more difficult to acquire parts when the system needs to be repaired. The Sergeant said that the whole system will eventually need to be replaced. This area also contains the Inergen fire control panel. The system has various heat sensors around the facility. Services There are no religious services, although now and then someone will come to the Jail to do services. There also is no one who comes to the Jail to do haircuts and the inmates have to give each other haircuts. The Jail is currently having meetings with mental health professionals and educators to figure out how to handle the long-term inmates who will be coming to the jail pursuant to AB 109. Currently, education is hard to provide because the Jail population is so transient. Classification of Inmates The Sergeant explained that various things are taken into account when classifying inmates. Once certain parameters are entered into the computer, the computer issues a classification. However, the Sheriff’s Department can override a classification. The recidivism rate is about 30%, which is very low. The Sergeant attributes this to the transient nature of the inmate population. Three Things Most Needed by the Jail In response to questions from the Grand Jury, the Sergeant identified the following items as the things most needed for efficient functioning of the Jail.
CL4 Page 15

The Town Council should re-evaluate the Airport Manager position to determine appropriate job description, salary, responsibilities and budget accountability to maximize effectiveness and efficiency. Action: Town Manager and Town Council Timeframe: 6 months 13
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The Town Council, Town Manager and Airport Manager should continue to ensure transparency and ready accessibility of the Airport budget to the members of the Airport Commission and the public. This is essential to clarifying the budgeting process and avoiding misperceptions and misunderstandings. Action: Town Manager, Airport Manager, Town Council Timeframe: Annual
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The Town Manager should evaluate how to better share manpower and equipment to reduce and coordinate Airport staffing and equipment costs within the Town’s Public Works Department. Action: Town Manager, Town Public Works Director Timeframe: Coincide with the FY 2013-2014 budget development
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The Town Manager should continue his commendable efforts to 1) formalize the Airport Commission meetings and 2) to work towards updating the Town’s antiquated IT and accounting hardware and software. Action: Town Manager Timeframe: 1) Ongoing and 2) to coincide with the 2012-2014 budget development 14 15 16 17 18 19 20 21 22 23 24 25 26 Mono County Grand Jury for the Year 2011-2012 Investigation #11-03 Timely Receipt of Responses to 2010-2011 Grand Jury Report Recommendations Final Report by Response and Accountability Committee Introduction: The Mono County Grand Jury is charged with reviewing county government, investigating citizen complaints, and making appropriate recommendations to county officials and agencies as part of its year-end report. Penal Code 933 stipulates that agencies named in a prior year’s report have a 90-day period of time to respond to issues raised in the report. The 2011-2012 Mono County Grand Jury formed a Response and Accountability Committee to determine if the court has received these mandated responses. Responses which have been received will be placed on the Mono County Grand Jury website - http://www.monocourt.org/grand_jury.htm - for the public to read and review. The agencies and individuals who had not responded as per Penal Code 933 have been notified by certified letter and were given until June 8, 2012 to respond. Background: All Mono County Grand Juries write and submit a final report of their investigations, findings, and

Agency Responses 3

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

Mono County Board of Supervisors Office Response to 2013 Grand Jury

October 15, 2013 • 9 pages View Details ▾

PDF

Mono County Sheriff’s Office Response to 2013 Grand Jury

October 02, 2013 • 5 pages View Details ▾

PDF

Kern Community College District Response to 2013 Grand Jury Report

October 16, 2013 • 5 pages View Details ▾

PDF

No Responses Found 3

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

County of Mono Agency

Eastern Sierra Unified School District School District

Mammoth Lakes City