County of San Bernardino Grand Jury

Recommendations 83

• R07-01
  COUNTY AGENCIES CONDUCT THEIR OWN ENVIRONMENTAL SURVEYS BEFORE THE PURCHASE OF ANY LAND OR BUILDING.
• R07-02
  THAT COUNTY COUNSEL INSURE ALL ENVIRONMENTAL SURVEYS ARE COMPLETED BY THE COUNTY BEFORE AGREEING TO “AS IS” OR “WITH ALL FAULTS” PURCHASES.
• R07-03
  THAT COUNTY COUNSEL PURSUE REIMBURSEMENT FOR COUNTY ABATEMENT COSTS OF: a. ASBESTOS REMOVAL $637,647 b. LEAD-BASE PAINT REMOVAL $360,432. BOARD OF SUPERVISORS
• R07-04
  CONTINUE THE “SERVICE FIRST” WORKSHOP PRESENTATIONS FOR ALL NEW EMPLOYEES.
• R07-05
  TO INSURE THE SAFETY AND INTEGRITY OF THE COUNTY, EVERY EMPLOYEE WHO RECEIVES A PAYMENT FROM THE COUNTY BE REQUIRED TO PASS A BACKGROUND CHECK, INCLUDING PUBLIC OFFICE APPOINTEES AND BOARD OF SUPERVISORS STAFF.
• R07-06
  THE COUNTY ADMINISTRATIVE OFFICER CONTINUE TO MONITOR THE BUSINESS PLANS OF ALL DEPARTMENTS. HUMAN RESOURCES DEPARTMENT
• R07-07
  THE HUMAN RESOURCES DEPARTMENT CONTINUE TO IMPLEMENT THE PROGRAM THAT GIVES EACH COUNTY EMPLOYEE A YEARLY AND TIMELY WORK PERFORMANCE EVALUATION (WPE).
• R07-08
  THE HUMAN RESOURCES DEPARTMENT CONTINUE TO MAKE A CONCERTED EFFORT TO IMPLEMENT A “STANDARD BACKGROUND CHECK” AND MOVE THE POLICY TO THE COUNTY ADMINISTRATIVE OFFICER AND TO THE BOARD OF SUPERVISORS IN A TIMELY MANNER.
• R07-09
  THE HUMAN RESOURCES DEPARTMENT CONTINUE TO REVISE AND IMPLEMENT THE (1) STANDARDIZED DRESS AND GROOMING PROGRAM; (2) DRUG TESTING AND ALCOHOL TESTING; AND (3) THE REVISIONS OF THE POLICIES AND PROCEDURES AS INDICATED ABOVE. INFORMATION SERVICES DEPARTMENT
• R07-10
  DETERMINE FEASIBILITY AND COST FACTORS TO IMPLEMENT A COUNTYWIDE DIGITAL RADIO COMMUNICATIONS SYSTEM.
• R07-11
  IMPLEMENT A DIALOG WITH CONCERNED DEPARTMENTS USING THE COUNTY ANALOG COMMUNICATIONS SYSTEM TO DISCUSS ANALOG ISSUES, PREPARE A PLANNED COURSE OF ACTION AND DETERMINE AVAILABLE FUNDING RESOURCES TO CONVERT TO A COUNTYWIDE DIGITAL COMMUNICATIONS SYSTEM AT A FUTURE DATE.
• R07-12
  REVIEW THE CURRENT ONE-WAY PAGER, BLACKBERRY/GOODLINK COMMUNICATION SYSTEMS TO DETERMINE NEED, USAGE AND COST EFFECTIVENESS. PUBLIC HEALTH DEPARTMENT ANIMAL CARE AND CONTROL
• R07-13
  COMBINE THE EXISTING MULTIPLE ANIMAL CARE AND CONTROL FACILITIES IN THE CENTRAL VALLEY INTO A LARGER REGIONAL FACILITY BY USING JOINT POWERS AGREEMENTS (JPA) OF NEIGHBORING COMMUNITIES INCLUDING THE CITY OF SAN BERNARDINO.
• R07-14
  EMPLOY A FULL-TIME VETERINARIAN TO PROVIDE CARE, SPAY AND NEUTERING AT A REGIONALIZED CONTROL CENTER.
• R07-15
  PROVIDE MORE SPACE IN AN ADOPTION CENTER WHERE PEOPLE/FAMILIES CAN INTERACT WITH PROSPECTIVE ADOPTIVE PETS. VECTOR CONTROL PROGRAM BACKGROUND Among the services provided by the San Bernardino County Department of Public Health is the Vector Control Program of the Environmental Health Services Division. (Vector has been defined as a carrier). Vector Control denotes control of vectors and vector-borne diseases by any insect or animal that could cause health hazards to humans or other animals. The Vector Control Program is both proactive and reactive. There are two components of the program important to the control of vectors and vector-borne diseases throughout the County. 1. The program has a comprehensive surveillance plan that routinely performs surveys of mosquito, rodent and tick populations. It further evaluates the prevalence of diseases such as West Nile, encephalitis, plague, Hantavirus, Lyme, and others. 2. The program also provides prompt response to County residents’ requests. Visits were made to Vector Control facilities to get an overview of the department. The Vector Control Program has an administrative office in the County Government Center and a field office on Fifth Street in San Bernardino. The field office is what drew our attention. FINDINGS The field office facility was designed to accommodate a staff of eight and currently serves a staff of 21. It is extremely crowded. A Capital Improvement Plan (CIP) for a new facility has been prepared and is going through the process. A new site near freeway access would reduce unnecessary travel time. The department is adequately staffed with trained professionals supplemented with seasonal staff when needed. The seasonal staff mostly comes from colleges and universities. There is no plan to add more staff at this time. The 5,000 square foot building includes offices, laboratory, equipment storage, locker room with a changing area shared by men and women, conference room, indoor parking/garage and supply storage. An additional 5,000 square foot of outdoor space is taken up by four Sea Train shipping containers; two are modified to accommodate offices and two for storage of chemicals and fuel. These containers are not compliant with the American Disabilities Act. On site is a chicken flock and hatchery tubs for mosquito fish. There is no space at this site for expansion of any kind. The construction of a new facility will allow for future expansion of the program and added staff to accommodate the expected population growth and to better respond to the concerns regarding vectors and vector-borne diseases from County residents. Testing is done in the field and in an onsite lab manned by the Vector Ecologist. Testing is also contracted out to University of California, Davis, and University of California, Riverside, facilities. The San Bernardino Vector Control lab is crowded. Sometimes lunches and lab specimens end up in the same refrigerator. There is an exit door in the lab going directly outside; this could compromise the integrity of the lab. The Vector Control Program includes County lands and West End cities served by Special Districts. Communication is good between public and private agencies, which results in no duplication of Vector Control services. State grants are available; some desert cities did apply for grants up to $20,000 each while others have not applied for grants. Vehicles and equipment are parked outside. Though there is an effort to put sensitive equipment indoors at night, there is not always room. Vandalism in the past has caused some loss of fuel and equipment. RECOMMENDATIONS
• R07-16
  IMPLEMENT THE CAPITAL IMPROVEMENT PLAN (CIP) IMMEDIATELY TO ACQUIRE A NEW CENTRALIZED SITE WITH FREEWAY ACCESS TO CUT DOWN ON TRAVEL TIME FROM THE FACILITY TO THE JOB SITE(S).
• R07-17
  THE FACILITY INCLUDE SEPARATE DRESSING ROOMS AND SHOWERS FOR MEN AND WOMEN STAFF.
• R07-18
  PROVIDE MORE SPACE FOR PERSONNEL, SPECIMENS, STORAGE AND SENSITIVE EQUIPMENT, IN THE LAB.
• R07-19
  IN THE INTEREST OF PUBLIC HEALTH, THE COUNTY HEALTH DEPARTMENT DEVELOP A PROGRAM TO ENCOURAGE DESERT CITIES TO BECOME MORE ACTIVE IN VECTOR CONTROL ACTIVITIES TO SAFEGUARD THE CITIZENS BY APPLYING FOR AVAILABLE STATE GRANTS.
• R07-20
  SECURE INDOOR PARKING OF VEHICLES EQUIPPED WITH SPRAYERS, AND OTHER EQUIPMENT. RISK MANAGEMENT DEPARTMENT
• R07-21
  RISK MANAGEMENT REMAIN A SEPARATE DEPARTMENT REPORTING DIRECTLY TO THE COUNTY ADMINISTRATIVE OFFICER.
• R07-22
  THE NEW RISK MANAGEMENT “USER-FRIENDLY” WEBSITE FOR USE BY COUNTY EMPLOYEES BE MAINTAINED AND CONTINUED.
• R07-23
  EVERY COUNTY EMPLOYEE BE REQUIRED TO PASS A STANDARD BACKGROUND CHECK. SOLID WASTE MANAGEMENT BACKGROUND During a Grand Jury investigation of a citizen complaint concerning a city’s use of environmental mitigation funds (EMF), several areas of concern came to our attention. These concerns related to Solid Waste Management Memorandums of Understanding (MOU’s) with various cities in which San Bernardino County landfills are located. FINDINGS The Solid Waste Management Division has entered into many MOU’s with various cities concerning landfills that are located within that city’s boundaries or sphere of influence. Each city is paid the following amounts: LANDFILL CITY RATE PER TON Mid Valley Fontana $2.69 Rialto $2.69 San Timoteo Redlands $1.00 Colton Colton $1.00 Victorville Victorville $ .50 Barstow Barstow $ .50 29 Palms 29 Palms $ .50 Landers Yucca Valley no fee Mid Valley pays tonnage rates more than five times greater than other landfills. These MOU’s provide for: 1. Distribution of money from the Environmental Mitigation Fund. 2. Eligibility for funding. 3. Criteria for funding. 4. Funding formula. 5. Payment method. 20 6. The Nexus Test (A project satisfies the “Nexus Test” if the project’s primary purpose and effect is to alleviate or to reduce the magnitude or the significance of an adverse condition affecting the city. This adverse condition must result from the presence of the current and/or expanded landfill). All monies from the EMF paid to a city must be used by that city relative to the criteria established under the “Nexus Test”. All cities warrant that they will use fees only on projects that meet the “Nexus Test”. The cities of Rialto and Fontana are presently each paid approximately $2 million per year. Rialto was prepaid $14 million in 1998 in order to build a new police station. That police station has never been built. Rialto has been prepaid for tonnage until approximately 2012. The MOU’s with all cities except Fontana and Rialto require that: 1. The city keeps records necessary to establish the use of EMF monies for five years after use. 2. All use of EMF monies is subject to audit by the County, as it deems necessary. If a city fails to satisfy the “Nexus Test”, the funds are to be returned to the County for placement in the EMF until a project to use the funds meets the “Nexus Test”. Solid Waste Management has never conducted or requested an audit, has no procedure for requesting an audit, and has no knowledge of whether any city is misusing EMF monies. RECOMMENDATIONS
• R07-24
  SOLID WASTE MANAGEMENT SET UP A PROCEDURE TO AUDIT THE USE OF EMF FUNDS.
• R07-25
  IF CITIES ARE NOT USING EMF FUNDS PURSUANT TO THE MOU, SOLID WASTE MANAGEMENT REQUEST THAT THOSE FUNDS BE RETURNED TO THE COUNTY PURSUANT TO THE MOU. 21
• R07-26
  IF FONTANA AND RIALTO CANNOT MEET THE “NEXUS TEST”, THEN SOLID WASTE MANAGEMENT RENEGOTIATE THE TONNAGE RATES PAID TO FONTANA AND RIALTO IN LIEU OF REQUIRING THOSE CITIES TO MEET THE “NEXUS TEST”.
• R07-27
  THE COUNTY COUNSEL’S OFFICE INCLUDE IN ALL ENVIRONMENTAL MITIGATION FUNDS MOU’S THE REQUIREMENT THAT EACH CITY KEEP RECORDS FOR FIVE YEARS AND THAT THE COUNTY CAN AUDIT THE EMF MONIES AS IT DEEMS NECESSARY. AuDIT/fISCAl COMMITTEE AuDIT/fISCAl COMMITTEE Back – Dennis Zimmerman, JoAnn Miller, Gary Moran Front – Thomas Ma, Ellen Miller-Chair, Jeanne Choisnet Not pictured – Marianne Della Marna AUDIT/FISCAL COMMITTEE The Audit/Fiscal Committee reviewed the operations and functions of the following County departments: Assessor Auditor/Controller-Recorder Public Guardian Treasurer/Tax Collector The full committee was used for reviews and investigations of each of these departments. Also investigated was the Retirement System. Included in this report are the findings and recommendations of the Audit/Fiscal Committee 23 COUNTY ASSESSOR BACKGROUND On January 7, 2007, a new County Assessor was sworn into office. The County Assessor is an elected official and constitutional officer charged by law with the responsibility of independent oversight and preparation of the annual local property assessments, from which tax funds are derived. Currently, there are 235 employees in the Assessor’s Office, of which 142 are located at the San Bernardino Office at 172 West Third Street. The remaining 93 are distributed throughout the nine (9) countywide district offices, where appraisers and their support staff are located. The mission statement of the Office of Assessor is to perform the following state mandated functions: 1. Locate, describe and identify ownership of all property within the county. 2. Establish a taxable value for all property subject to taxation. 3. List all taxable value on the assessment roll. 4. Apply all legal exemptions. On March 27, 2007, an interview with the Assessor and five staff members was conducted. A guided tour of the Assessor’s main office was conducted after the interview. FINDINGS The newly elected Assessor has made personnel changes in his staff structure and has started a review of the Assessor’s operations in preparation to formulate a Business Plan. The Assessor is also in the process of requesting funds from the Board of Supervisors to remodel the three floors occupied by Assessor personnel. The Assessor is in the process of converting certain hard copy paper files to a digital format. The intent is to save space, increase safety and secure all records. The Assessor has reclassified some staff positions to unclassified status, which will afford him the means to accomplish future goals for the office. The reclassification was made with the concurrence of the affected staff personnel. The lack of a formal structured training program for such positions as Appraiser has been identified as a need for the Assessor’s future plans. At present, a new Appraiser is assigned to one of nine district offices and trained by staff Appraisers from that office. Training information imparted to trainees may not be consistent in offices throughout the County. A tour of the facility on the third, fourth and fifth floors revealed a need to remodel, repair, upgrade and/or replace various items in each of the three floors. The current Assessor’s building was constructed in about 1958 and was originally the Treasurer’s Office. The original vault used to maintain County funds is still in place and used for file storage. Ceiling lighting in some offices consists of old florescent fixtures set into suspended ceiling tiles. Due to glare emitted by these lights on computer monitors, some of the fixtures have been turned off to facilitate the use of computers. There are certain areas where suspended ceiling tiles are missing, broken or stained. Work cubicles are very small, close together and most of the work area furniture is old “Steel Case” type. The furniture in some areas was obtained from County storage where old, replaced County office equipment is discarded. RECOMMENDATIONS
• R07-28
  THE ASSESSOR DEVELOP A FORMAL STRUCTURED TRAINING PROGRAM TO BE CONSISTENT IN ALL DISTRICT OFFICES.
• R07-29
  BASED ON THE REVIEW OF THE ASSESSOR’S FACILITY, IT IS RECOMMENDED THAT THE BOARD OF SUPERVISORS CAREFULLY REVIEW THE ASSESSOR’S OVERALL BUSINESS PLAN FOR 2007/2008 AND APPROVE THE REQUEST FOR FUNDS TO RENOVATE THE ASSESSOR’S OFFICES, TAKING INTO CONSIDERATION FUTURE CAPITAL IMPROVEMENT PLANS. POSITIVE APPROVAL OF THE REQUESTED RENOVATION FUNDS WOULD BE A BENEFIT NOT ONLY TO THE ASSESSOR’S EMPLOYEES, BUT ALSO TO THE COUNTY WITH THE IMPROVED PROCESSING OF VITAL PROPERTY INFORMATION. THIS APPROVAL SHOULD BE PRIORITIZED AND CONTINGENT UPON THE AVAILABLE FUNDS AS DETERMINED BY THE BOARD OF SUPERVISORS. COMplAINTS COMMITTEE COMplAINTS COMMITTEE Back – Roy Nierman, Ron Brooks-Chair, Burrel Woodring Front – Thomas Ma, Dennis Zimmerman, Elias Valdez COMPLAINTS COMMITTEE The function of the Complaints Committee is to review all complaints received by the Grand Jury on an official complaint form. The forms are available by request or through the internet. Complaints may be referred by the District Attorney’s Office. The committee determines if the complaints are valid. If a complaint is valid and meets criteria, it is referred to the proper committee. The 2006-2007 Grand Jury received 19 complaints during its term. Two of these complaints were referred to the Public and Support Services Committee, one complaint was referred to the Law and Justice Committee, and one complaint was referred to the Administrative Committee. Fifteen complaints resulted in no action taken by the Complaints Committee. Each complainant was informed of the action taken on their complaint. ECONOMIC DEVElOpMENT COMMITTEE COMMITTEE ECONOMIC DEVElOpMENT Back – Thomas Ma, William Howard-Chair, Victor Edinburgh Front – Ellen Miller, Kenneth Taylor, Carol Sharp Not pictured – Clyde Metzler ECONOMIC DEVELOPMENT COMMITTEE The Economic Development Committee was challenged to review and/or investigate the following County departments as to their respective functions and procedures in the operations of their departments: Economic Development • Big Box Stores • City of Needles • County’s Five-Year Plan Redevelopment • Cedar Glen Project • San Sevaine Project Workforce Development Upon conclusion of the interviews and/or investigations, there were no final reports from the subcommittees of Economic Development or Workforce Development. The efforts from the Redevelopment Subcommittee led to the following final report. REDEVELOPMENT AGENCY BACKGROUND The County Redevelopment Agency serves to improve economic opportunities and affordable living conditions within established redevelopment project areas in the unincorporated county, through the effective and efficient utilization of California redevelopment law, appropriate use of tax increment revenues and cooperative programs with other County agencies and communities. In 1995, the former Kaiser Steel Mill site and other blighted industrial properties located in the unincorporated area west of Fontana were incorporated into the San Sevaine Redevelopment Project Area. The major objectives of the project are to encourage private sector investment in the development and redevelopment of the area, by removing impediments to growth caused by ever-present toxic and hazardous waste, eliminating and/or preventing the spread of blight and deterioration, and correcting infrastructure deficiencies. FINDINGS The County’s redevelopment project areas are very unique requiring staff to possess specialized knowledge and ability to perform the job. The existing positions require the knowledge of writing of comprehensive reports, act as a liaison, facilitate and conduct financial analyses, make public presentations and monitor legislation. The redevelopment of the San Sevaine Project is well planned and being implemented successfully. Past toxic and hazardous waste problems may be a detriment to future redevelopment. RECOMMENDATIONS
• R07-30
  MONITOR THE PRESENT CONDITION OF THE SAN SEVAINE PROJECT AREAS, WHICH HAVE BEEN KNOWN TO POSSESS TOXIC AND HAZARDOUS WASTE. 28 huMAN SERVICES COMMITTEE huMAN SERVICES COMMITTEE Back – Ron Brooks, William Howard, Victor Edinburgh Front – Jeanne Choisnet, Roderic Moers-Chair, Carol Sharp Not pictured – Marianne Della Marna HUMAN SERVICES COMMITTEE The Human Services Committee investigated the following departments and agencies: Aging and Adult Services • Ombudsman Program Department of Children’s Services • Foster Care • Independent Living Program Transitional Assistance • Food Stamp Improvement • Food Stamp Fraud The committee completed reports on the Ombudsman Program and Foster Care. DEPARTMENT OF AGING AND ADULT SERVICES OMBUDSMAN PROGRAM BACKGROUND Title VII Older Americans Act of 1965 is funded through the State of California and provides oversight assistance to residents in long-term nursing facilities and residential care homes in San Bernardino County. This oversight assistance is provided by trained Ombudsman volunteers who donate their time and service. Knowledge of the program and Ombudsman duties were known to two Grand Jurors. Their experience was helpful in assessing the program and promoted the investigation. FINDINGS There are currently 26 certified Ombudsmen. This figure fluctuates according to the turnover rate. The volunteers serve 58 skilled nursing facilities and 256 residential care homes. The confidentiality and privacy of the residents is protected by the Ombudsman Program. An average of 160 monthly complaints are handled by the program. The turnover rate of Ombudsmen is a concern. Due to the increased longevity of the older population, the assistance provided is becoming less adequate. Continued news coverage and other coverage would encourage a flow of volunteers. The Ombudsman volunteers are working without appropriate safety communication. A GPS system provided for the volunteers would give needed safety in the field. Communication between County and State officials is insufficient due to unanswered telephone calls, e-mails and letters. RECOMMENDATIONS
• R07-31
  INCREASE MEDIA EXPOSURE TO REDUCE TURNOVER RATE OF THE OMBUDSMAN VOLUNTEER. 30
• R07-32
  INSTALL GPS SYSTEMS IN ALL OMBUDSMAN CELL PHONES.
• R07-33
  INCREASE COMMUNICATIONS BETWEEN STATE AND COUNTY OFFICIALS TO ASSURE A CONTINUED AND SUCCESSFUL OMBUDSMAN PROGRAM. DEPARTMENT OF CHILDREN’S SERVICES FOSTER CARE
• R07-34
  PURCHASE GLOBAL POSITIONING SYSTEMS (GPS) FOR SOCIAL WORKERS’ AREA SO THAT THEIR LOCATION CAN BE TRACKED WHEN NEEDED OR ASSISTED BY OTHER STAFF OR LAW ENFORCEMENT IF IN A DANGEROUS SITUATION
• R07-35
  ADD SOCIAL WORKERS TO “SAFE MEASURES” PROGRAM. 32 lAw AND juSTICE COMMITTEE COMMITTEE lAw AND juSTICE Back – Dennis Zimmerman, Kenneth Taylor Center – Roy Nierman, Gary Moran, Burrel Woodring-Chair Front – JoAnn Miller, Elias Valdez, Lois Long LAW AND JUSTICE COMMITTEE The Law and Justice Committee had the responsibility for investigating the following County departments: Probation Public Defender Sheriff-Coroner The authority for the investigation of these departments is found in the California Penal Code and Government Code. Final reports and recommendations were made on the following offices and facilities: Barstow Sheriff Station and Detention Facility Central Court Holding Facility Coroner ICE Unit at West Valley Detention Center Indigent Defense Contracts Indigent Defense Fee Collection Judicial Benefits Probation Department Public Defender Department Scientific Investigations Unit Sheriff’s Training Center/Academy The Sheriff’s Inmate Welfare Trust Fund was investigated and was found to be operating properly and legally under the rules set forth by the Penal Code. The Board of Supervisors hired a new Public Defender during this Grand Jury’s term of office. Investigations showed that she is reorganizing this department and introducing some significant cost-saving programs. INDIGENT DEFENSE CONTRACTS BACKGROUND The San Bernardino Superior Court is no longer a County department. This Grand Jury does not have jurisdiction to make recommendations to the Court or the Judges, who are State employees. The Superior Court, however, still sets the requirements for contract attorneys and awards the contracts for all adult indigent defense attorneys. These contracts are paid with County funds. Juvenile contracts are paid with funds from the State. The Superior Court, which is a state agency, continues to award the juvenile indigent attorney contracts. FINDINGS A state agency is awarding county contracts and spending County funds for the representation of indigent defendants by indigent contract defense attorneys. A possible conflict exists when defense attorneys appear before judges who award the indigent fee contracts. Contract attorneys who appear before those judges can be intimidated. The San Bernardino Superior Court contract only requires that the contracting attorney have the following legal qualifications: 1. Licensed to practice law in the State of California. 2. The attorney has malpractice insurance. The contracting attorney determines which sub-contract attorney would actually represent the defendant in each case. There is no requirement for specific experience levels, capabilities or qualifications of a sub-contract attorney to handle different types of crimes or cases (excluding life without possibility of parole or death penalty cases). At present, there were only four bidders on the four County contracts which are awarded to contract attorneys every three years. Those bids are as follows: 34 CONTRACT AREA MISD. COST FELONY COST North Desert (Victorville/Barstow) $375 $1045 East Valley (Central/Fontana) $375 $975 West Valley (Chino/ Rancho) $400 $975 East Desert (Joshua Tree) $375 $1150 In the Central Division (San Bernardino), there were 1,295 felony appointments to the contract attorneys during the year 2006. There are approximately 15 sub- contract attorneys who handle the cases in the Central Division. The charge per defendant is so low Orange County and Los Angeles County attorneys do not bid on the San Bernardino indigent defense attorney contracts. Since the appointment of a new Public Defender in 2006, there has been a nine percent drop in the number of felony appointments and a 15 percent drop in the number of misdemeanor appointments to contract attorneys. This has reduced the income of contract attorneys and has saved the County over $700,000.00. RECOMMENDATIONS
• R07-36
  THE BOARD OF SUPERVISORS DIRECT THE COUNTY ADMINISTRATIVE OFFICER TO NEGOTIATE AND AWARD THE CONTRACTS WITH INDIGENT DEFENSE ATTORNEYS.
• R07-37
  THE COUNTY ADMINISTRATIVE OFFICER SET STANDARDS TO INSURE THAT EACH CONTRACTING ATTORNEY AND SUB-CONTRACTING ATTORNEY IS QUALIFIED TO HANDLE THE TYPE OF CASE HE/SHE IS APPOINTED TO DEFEND.
• R07-38
  THE COUNTY ADMINISTRATIVE OFFICER DESIGNATE A COUNTY DEPARTMENT, POSSIBLY TREASURER/TAX COLLECTOR, TO HANDLE ALL ACCOUNTINGS AND PAYMENTS TO CONTRACTING ATTORNEYS. INDIGENT DEFENSE FEE COLLECTION BACKGROUND The 2005-2006 Grand Jury recommended (recommendation #06-41) that the Treasurer/Tax Collector proceed with the indigent defense fees collection program. This program was to allow the County to recover attorney fees from those defendants who are not totally indigent. The program was discontinued by the then Presiding Judge. The Treasurer/Tax Collector, in their response (#06-41), indicated that “The County lost $2 million of possible reimbursement for public defender fees due to Courts not ordering fees as recommended”. FINDINGS In 2006 the Public Defender and contract attorneys were appointed on the following criminal cases: Agency Misdemeanor Felony Public Defender 31,338 16,254 Contract Attorneys 2,709 3,808 A pilot program for the collection of indigent defense fees is being developed by the Treasurer/Tax Collector and the Court in the Rancho Courthouse. It is anticipated that this pilot program will be instituted throughout the County after a scheduled meeting with the presiding judge and approval from the judges’ executive committee. The Treasurer/Tax Collector will then be designated as the “Financial Officer” per P.C. 987.81 to collect indigent defense attorney fees. The pilot program will provide for the court at the arraignment procedure to present to defendant, among other legal notices, a portion advising the process for reimbursement of attorney fees. (This form is still in the development process). The Treasurer/Tax Collector will then process the collection of appropriate reimbursement fees from those defendants who have been determined to be able to pay for any and/or all attorney fees. The Court will be ordering defendants to pay “the maximum amount” of attorney fees subject to modification by the “Financial Officer” based on the defendant’s ability to pay. The “maximum amount” presently set by the Court is $500 for misdemeanors and $800 for felonies. Present indigent defense contracts between the Court and contract attorneys provide for the following pay schedule to the contract attorney: Misdemeanors $375.00 to $400.00 Felonies $975.00 to $1150.00 The indigent defense reimbursement program may include both misdemeanor cases and cases in which the defendant is not convicted of a crime or may be phased, one at a time, into the program. There is no procedure presently in effect for defendants appearing by video arraignment to be ordered to “Central Collections”. The Public Defender has indicated there may be 10,000 arraignments by video in 2008. The indigent defense reimbursement program will not work without the total cooperation of all judges who handle criminal cases. The Treasurer/Tax Collector has indicated judges who are overloaded with cases often forget to order attorney fees. The County lost $2 million in 2006 because of the Court’s failure to order attorney fees. RECOMMENDATIONS
• R07-39
  THE TREASURER/TAX COLLECTOR IMPLEMENT THE INDIGENT DEFENSE FEE COLLECTION PROGRAM COUNTYWIDE.
• R07-40
  THE TREASURER/TAX COLLECTOR WORK WITH THE COURT TO REQUIRE THE COURT BAILIFF TO HAND EACH DEFENDANT A FINANCIAL QUESTIONNAIRE AND A LETTER FROM “CENTRAL COLLECTIONS” NOTIFYING THEM OF THEIR RIGHTS AND ORDERING THEM TO APPEAR IN 20 DAYS TO CENTRAL COLLECTIONS.
• R07-41
  THE TREASURER/TAX COLLECTOR WORK WITH THE COURT TO INCREASE THE “MAXIMUM ATTORNEY FEES” TO: MISDEMEANORS $ 500.00 FELONIES $1200.00 37
• R07-42
  THE TREASURER/TAX COLLECTOR WORK WITH THE COURT TO ESTABLISH ATTORNEY FEE REIMBURSEMENT IN MISDEMEANOR CASES AND IN CASES IN WHICH THE DEFENDANT IS ACQUITTED.
• R07-43
  THE TREASURER/TAX COLLECTOR WORK WITH THE SHERIFF’S DEPARTMENT AND THE COURT TO INSURE VIDEO ARRAIGNMENT DEFENDANTS BE INCLUDED IN THE INDIGENT DEFENSE COLLECTION PROGRAM AT THE TIME OF THE VIDEO ARRAIGNMENT.
• R07-44
  THE TREASURER/TAX COLLECTOR WORK WITH THE COURT TO MODIFY THE ARRAIGNMENT DOCKET SHEET TO REMIND JUDGES TO INCLUDE THE ORDERING OF ATTORNEY FEES IN INDIGENT MISDEMEANOR AND FELONY CASES. JUDICIAL BENEFITS
• R07-45
  THE BOARD OF SUPERVISORS DISCONTINUE OR REDUCE THE JUDICIAL BENEFITS PAID TO PRESENTLY APPOINTED OR ELECTED SUPERIOR COURT JUDGES.
• R07-46
  THE BOARD OF SUPERVISORS NOT PAY ANY JUDICIAL BENEFITS TO ANY NEW JUDGE APPOINTED OR NEWLY ELECTED AFTER JULY 1, 2007. PROBATION DEPARTMENT BACKGROUND The San Bernardino County Probation Department handles 17,000 to 18,000 adult probationers with approximately 120 to 130 Deputy Probation Officers. The Probation Officer average caseload is 140 probationers. A Probation Department memorandum dated September 18, 2006, indicated the San Bernardino County Probation Department currently prepares 6,000 pre-sentence probation reports each year for the San Bernardino Superior Court, whereas, Orange County Probation Department prepares approximately 800 pre-sentence probation reports per year. FINDINGS The vast majority of these pre-sentence probation reports (hereafter referred to as “probation reports”) concern cases in which the defendant, the defense attorney, the District Attorney and the Court have accepted a negotiated plea agreement. These negotiated plea agreements typically resolve most, if not all, issues concerning length of jail sentence, restitution, fines and terms of probation, prior to the matter being referred to the Probation Department for a pre-sentence report. The probation reports are labor intensive. Each report requires 9-12 hours to complete (3 to 4 reports per deputy per week). Presently 25 Deputy Probation Officers spend their entire time writing pre-sentence probation reports. If 3,000 less probation reports were written per year, 14 Probation Officer IIs and one Supervising Probation Officer could be reassigned to supervision of high risk probationers or to other areas where gaps in service exist. It normally takes four weeks to complete a probation report and a defendant typically waits in county jail for an additional four weeks after accepting a negotiated plea agreement before being transported by the Sheriff's Department back to Court for sentencing. P.C. 1203(4) provides that the probation report may be waived by a stipulation of the prosecuting and defense attorneys with the consent of the Court. Riverside County Adult Probation Department writes approximately 2,000 pre- sentence probation reports each year and only writes reports on the following: 42 1. Cases that go to trial (90% of all pre-sentence probation reports) 2. Cases in which there is a “Lid” on sentencing, i.e. agreement of not more than a set number of years. 3. Cases in which there is no agreement by the District Attorney’s Office and the plea is offered by the Court. There are no pre-sentence probation reports written on any negotiated pleas other than those listed above. If there is a negotiated plea in Riverside Court, the Court does a sentencing of the defendant, whether or not a victim is available to testify. P.C. 1192.6 requires the prosecuting attorney to relay to the Court the circumstances of the offense, the medical expense involved, whether there are prior felonies involved, and the damages to the victim. Riverside Court will sentence the defendant immediately and will order restitution as determined by Financial Services. Financial Services is a department working for the Court, but funded by Riverside County. It has the responsibility to calculate and collect restitution. If defendants are not in custody they are directed to go to Financial Services immediately. If the defendant is in custody, Financial Services will contact them at the jail. Financial Services personnel get the police report which has the address and name of the victim. (Victim names are not given in sex crime cases). Financial Services then contacts the victim to determine damages, injuries, medical expense and the amount of reimbursement to be made to the victim. Financial Services then determines the amount of the restitution and it becomes a part of the court order. In many instances the Victim/Witness personnel in the District Attorney’s Office can contact the victim to determine the restitution required to be made to the victim. The District Attorney’s Office can also run a Criminal Information Identification (CII) report to determine the defendant’s criminal background. This is normally done before the preliminary hearing and is available to the Judge for sentencing if a negotiated plea agreement is reached. The San Bernardino District Attorney’s Victim/Witness Program has just requested grant money under P.C. 1382.5 of $966,813.00. The San Bernardino Probation Department has suggested the elimination of pre- sentence probation reports on negotiated pleas of: 1. Petty theft with a prior. 43 2. Vehicle theft where the vehicle is returned with minor damage. 3. Low level burglary. 4. Victimless crimes. 5. Drug cases without a victim. 6. Other low level crimes. By waiving probation reports on these negotiated pleas, 14 Deputy Probation Officers could be assigned elsewhere to provide greater supervision to high risk offenders that have committed a violent crime or who have a high potential for violating probation. The Public Defender’s office, the District Attorney’s office, the Probation Department and the San Bernardino Superior Court have agreed to waive pre-sentence probation reports for drug crimes without a victim. This went into effect March 1, 2007. It is anticipated this will eliminate approximately 1,000 probation reports and will free up approximately five Deputy Probation Officer IIs to perform other duties. The District Attorney’s office has indicated that contacting the victims to determine restitution on damages to victims is the responsibility of the Probation Department. They also indicated that the Probation Department should investigate the criminal background of defendants and not the District Attorney’s office. Their primary objection was that this is the way they have done it in the past and they were not “comfortable in waiving Probation reports on any negotiated pleas other than non- violent drug cases.” The Public Defender’s office and the Probation Department encourage waiving probation reports on other low-level crimes as Orange County and Riverside County have done. The San Bernardino Superior Court has indicated that if the prosecuting attorney and the defense attorney waive a probation report, they will consent to the waiver. If there was a waiver of probation reports for other low level crimes as listed above, it would eliminate an additional 1,800 probation reports and free up an additional nine Deputy Probation Officer IIs. It is anticipated 1,800 fewer probation reports would have the following effects: 1. Reduce the review of 1,800 probation reports by the defense attorney, the prosecuting attorney and the Judge. 2. Not tying up the following personnel in 1,800 additional court hearings: a. Judge b. Prosecuting attorney 44 c. Defense attorney d. Bailiff e. Court reporter f. Court clerk 3. County jail inmates could be released on probation or sentenced to state prison four weeks earlier. (No need to return to court four weeks later for sentencing.) 4. Fewer inmate movements from county jail to Court for in-custody defendants. 5. Reduce by 1,800 the number of Court calendared items which will allow the Court to proceed with other hearings. Freeing up nine (9) additional Deputy Probation Officer IIs and one (1) Supervising Probation Officer, would save the County over $1,000,000 per year in salaries used solely to write probation reports. RECOMMENDATIONS
• R07-47
  THE DISTRICT ATTORNEY’S OFFICE AND THE PUBLIC DEFENDER’S OFFICE WAIVE PRE-SENTENCE PROBATION REPORTS ON NEGOTIATED PLEAS OF THE FOLLOWING CRIMES: a. PETTY THEFT WITH A PRIOR. b. VEHICLE THEFT WHERE THE VEHICLE IS RETURNED WITH MINOR DAMAGE. c. LOW LEVEL BURGLARY. d. VICTIMLESS CRIMES. e. DRUG CASES WITHOUT A VICTIM. f. OTHER LOW LEVEL CRIMES.
• R07-48
  THE DISTRICT ATTORNEY’S VICTIM/WITNESS PERSONNEL CONTACT VICTIMS TO DETERMINE REIMBURSABLE EXPENSES AND RESTITUTION WHEN POSSIBLE. 45
• R07-49
  THE TREASURER/TAX COLLECTOR ESTABLISH A FINANCIAL SERVICES DIVISION TO WORK WITH THE COURT TO CALCULATE AND COLLECT RESTITUTION.
• R07-50
  THE PROBATION DEPARTMENT REASSIGN DEPUTY PROBATION OFFICERS FREED UP AS A RESULT OF FEWER PROBATION REPORTS, TO PROVIDE GREATER SUPERVISION OF HIGH RISK OFFENDERS. ANY MONEY SAVED BY NOT HIRING DEPUTY PROBATION OFFICERS COULD BE USED TO INCREASE THE NUMBER OF ADDITIONAL DEPUTY DISTRICT ATTORNEYS OR INCREASE PERSONNEL IN THE VICTIM-WITNESS PROGRAM.
• R07-51
  THE DISTRICT ATTORNEY AND PUBLIC DEFENDER REQUEST THAT DEFENDANTS IN NEGOTIATED PLEAS BE SENTENCED IMMEDIATELY IN ORDER TO FREE UP JAIL SPACE AND COURT PERSONNEL. PUBLIC DEFENDER BACKGROUND The Constitution provides that all persons accused of a crime be defended. Those defendants who do not have the financial means to hire an attorney will be assigned one by the court. The County Public Defender's (P.D.) office has the responsibility of representing indigent clients. It provides defense services to both adults and juveniles accused of felonies, misdemeanors, and violations of probation. FINDINGS The P.D. has started a comprehensive training program. The office is now representing defendants from arraignment to sentencing. The P.D. has reduced the number of cases the public defender has been relieved from representing a defendant because of a conflict of interest. The P.D. has reduced the number of Marsden hearings by 95%. A Marsden hearing is a hearing granted by the Court when a defendant requests that the attorney appointed to represent him or her be removed and another attorney (normally a private attorney) be appointed to represent him or her. The P.D. has recommended waiving pre-sentence probation reports on some negotiated plea cases that have the potential to free up several probation officers to perform other tasks. The P.D.’s Office currently has 111 Deputy Public Defender positions authorized. Five of those positions are unfunded and three positions are vacant. The P.D. handled over 52,723 cases in 2006, for an average of 512 cases per attorney (52,723 cases divided by 103 attorneys = 512). The P.D. estimates they will handle over 65,000 cases in 2008 for an average caseload of 585 cases per attorney (65,000 cases divided by 111 attorneys = 585). The Department of Justice's National Advisory Commission adopted a caseload standard of “no more than 150 assigned felonies per attorney per year, or no more than 400 assigned misdemeanors per attorney per year, or no more than 242 assigned juvenile cases per attorney per year.” The 2006 caseloads of area public defender’s offices are as follows: 47 Avg County Felony Juvenile Misd. Total # of Caseload Budget Cost per Cases Atty’s Per Atty Defendant San Bernardino 16,254 5,131 31,338 52,723 103 512 $28,862,282 $547 Orange 77,500 213 360 $54,865,528 $708 Riverside 14,344 3,100 17,959 35,403 131 270 $26,842,148 $758 (2004/2005) The P.D. is now present for all video arraignments at Adelanto and West Valley Detention Centers. It is estimated there will be 10,000 video arraignments per year in 2008. As a result of the P.D. having fewer conflict cases and fewer Marsden hearings granted, there has been a nine percent decrease in contract attorney felony cases and a 15 percent decrease in misdemeanor cases. The contract attorneys received average fees of $975 per defendant. The P.D. cost per defendant is $547. The reduction in contract attorney cases has saved the County over $700,000. Although the Public Defender’s office received increased staffing in 2006-2007, the increased number of countywide criminal filings, the decrease in declared conflicts and decreased Marsden hearings has resulted in increasing the P.D. caseload rather than lessening it. The Public Defender’s Office has need for 18 additional Deputy Public Defender positions (an increase to 129 positions). The average caseload would be 504 cases per attorney (65,000 anticipated cases divided by 129 attorneys = 504) which is still higher than the attorney caseload of Riverside County or Orange County. In 2006, the average caseload per Public Defender investigator was: COUNTY NUMBER OF TOTAL CASES CASES PER INVESTIGATORS INVESTIGATOR Orange 79 77,500 981 Riverside 39 35,403 908 San Bernardino 22 52,723 2,396 The Public Defender’s office does not have a comprehensive case management system. This system would enable attorneys to access files from the office or the courtroom. It would save clerical staff time, incorporate updated technology and enable multi-department coordination to enhance motion writing, case organization, and staff efficiency. Because of the increase in caseload and the number of attorney positions, there is a need for eight office assistants, six supervising office assistants, six investigators, and one supervising investigator. Extremely high attorney caseloads, investigator caseloads, and staff caseloads cause high employee, investigator and attorney turnover which ultimately leads to increased recruitment and training costs. Although the Public Defender's office will increase its office space in San Bernardino with completion of the 303 building, there is still a shortage of office space in Victorville and Fontana. The Fontana office has 4,000 sq. ft. of space for 23 staff members. Victorville has 5,300 sq. ft. of space for 26 staff members. RECOMMENDATIONS
• R07-52
  THE BOARD OF SUPERVISORS APPROVE FUNDING FOR 18 ADDITIONAL DEPUTY PUBLIC DEFENDERS AND TWO SUPERVISING DEPUTY PUBLIC DEFENDERS.
• R07-53
  THE BOARD OF SUPERVISORS APPROVE FUNDING FOR SIX INVESTIGATORS AND ONE SUPERVISING INVESTIGATOR.
• R07-54
  THE BOARD OF SUPERVISORS APPROVE FUNDING FOR SIX SUPERVISING OFFICE ASSISTANTS AND EIGHT OFFICE ASSISTANT II’S.
• R07-55
  THE PUBLIC DEFENDER DEVELOP AND INITIATE A CASE MANAGEMENT SYSTEM.
• R07-56
  THE BOARD OF SUPERVISORS AUTHORIZE ADDITIONAL OFFICE SPACE IN VICTORVILLE AND IN FONTANA FOR PUBLIC DEFENDER USE. SHERIFF-CORONER BARSTOW SHERIFF’S STATION AND DETENTION FACILITY BACKGROUND The Barstow Sheriff’s Station was established in 1890. The present station (a former Barstow City police office and jail) is the oldest in the County and has been in use since the early 1950’s. The building also houses courtrooms and offices for the Superior Court. The jail and booking facility is used by the Sheriff’s Department, Barstow Police, California Highway Patrol, Burlington Northern Railway Detectives and, on occasion, Military Police Criminal Intelligence Division investigators from Fort Irwin and the Barstow Marine Corps Logistics Base. Deputies from this station have patrol jurisdiction over 10,000 square miles, more than half of the total square miles of the County. This area includes Baker, Daggett, Hinkley, Lenwood, Ludlow, Newberry Springs, Sandy Valley, Yermo, Red Mountain and Trona. Station staffing consists of 71 personnel, including one captain, one lieutenant, five sergeants, four corporal/detectives, six jail deputies, one secretary, three office specialists, five custody specialists, five custody specialist assistants, one automotive and five station officers. FINDINGS Prisoner meals are stored in a refrigerator prior to being heated and served. Food is transported from the Glen Helen jail. A staff of trustees maintains the station and jail. They have a separate dormitory that is too small for the number of inmates. When these trustees have visitation with their families, there is not a visitation room and they use a small, secured patio off the staff conference room. Inmates are generally held for 36 hours or less before being transported to Adelanto or West Valley facilities, unless they are to appear before the Barstow Superior 50 Court for arraignment. They are then transported and returned on the day of their next court appearance. Parking lot facilities are inadequate for Sheriff vehicles and most deputies and employees must park on unsecured streets. Evidence storage space is seriously inadequate. Firearms are not in lockers. Evidence workers have inadequate space and security in a 6’ x 6’ room. Drugs and cash are not kept permanently on site, but are periodically transported to the Criminal Services Unit in San Bernardino. Station ammunition is stored on shelves in a 4’ x 2’ hallway wall locker. The detectives’ office is only 16’ x 12’ and contains desks and files for the station’s several investigators. The adjacent interview room is a former closet and is used as a fingerprint room for applicants for various non-criminal permits. The station and jail’s air conditioning system is inadequate for the severe desert climate. Some holding cells in the women’s section are unusable due to chronic plumbing problems, and no fire suppression sprinklers were observed in the cell area or station proper. Communication between the jail and the adjacent courtrooms is outdated. It usually consists of necessary defendant paperwork being slid under a door from the court to the jail. Only one deputy is on jail duty per shift, with a Sheriff Correction Specialist. The deputy is responsible for jail security in transferring prisoners to court bailiffs. Adjacent to the facility is a small city-owned park, purchased from the County for $1 several years ago. It would be the most cost effective site if the Board of Supervisors ever considered enlarging the station. An evaluation should be done as the condition and age of the facility might necessitate building a new station at another location. Several new developments and industries, plus the proposed new Indian casino, are scheduled for the area. The Sheriff will then need to develop new staffing and strategies to maintain the high level of law enforcement that citizens now enjoy. RECOMMENDATIONS
• R07-57
  REMODEL AND EXPAND THE EXISTING BARSTOW JAIL AND SHERIFF’S STATION USING THE VACANT CITY LAND NEXT TO THE FACILITY. 51
• R07-58
  THE BOARD OF SUPERVISORS AUTHORIZES A CAPITAL IMPROVEMENT PLAN TO BUILD AND FINANCE A NEW STATION AND JAIL IN BARSTOW.
• R07-59
  THE SHERIFF EVALUATE STAFFING NEEDS FOR THE FACILITY IN BARSTOW. CENTRAL COURT HOLDING FACILITY BACKGROUND The Penal Code requires the Grand Jury investigate the conditions and management of County detention facilities. The Sheriff’s Central Court holding facility is located on the fourth floor of the San Bernardino County Central Courthouse. It is a temporary holding facility for people in custody who are awaiting court appearances. The facility is classified as a “Class II Detention Facility” (pending arraignment during trial and upon sentencing), as prescribed by Title 15 Minimum Jail Standards. Built in 1926, it was originally the only San Bernardino County Jail. The facility accommodates approximately 120-200 inmates daily. Staff is comprised of six Deputy Sheriffs and one Sheriff Custody Specialist, who work Monday- Friday from 6:00 a.m. to 5:30 p.m. FINDINGS Inmates are in waist chains and leg irons when bussed daily from West Valley, Central and Adelanto detention facilities for their court appearances. They are transferred from the bus to a security elevator that only stops on the first and fourth floors. This elevator can only accommodate 3,000 pounds or 13 (1 deputy and 12 inmates per load) and is operated by an inmate trustee. After arriving at the fourth floor, the leg irons are removed and inmates are placed into separate juvenile, male and female holding cells. Males are further separated until their appearance in court. When their cases are called, they are transferred to the court annex, under guard, through different stairs and security doors. The holding area and cells are clean considering the age of the facility. It contains a small storeroom and small breakfast and lunch area for the guards. Exterminators are attempting to solve a recurring rodent and flea problem. The cooling system is adequate. There are 24 unoperable floor drains. The Fire Suppression Pre-Plan Protocol and Emergency Evacuation Plan, coordinated with the San Bernardino City Fire Department, is updated every two years. According to this plan, there are several exits in and out of holding cells. The plan calls for the majority of inmates to be evacuated through the kitchen stairwell, the stairway behind Departments S-17 and S-18, and the stairway behind Department S-21, plus the Court Annex passageway. It does not explain the evacuation plan if the Court Annex exit is destroyed or closed due to an emergency, or the electricity to the elevators is disrupted. Considering the age of the facility and the plans to build a new courthouse, major expenditures are not financially feasible. RECOMMENDATIONS
• R07-60
  THE PLUMBING AND DRAIN PROBLEMS IN THE CENTRAL COURTHOUSE HOLDING FACILITY NEED TO BE REPAIRED.
• R07-61
  UPDATE THE FIRE SUPPRESSION PLAN AND MODIFY THE EVACUATION PLAN FOR THE COURTHOUSE HOLDING FACILITY. CORONER DIVISION BACKGROUND The 2002/2003 Grand Jury investigated the Coroner’s facility. The report found the facility in unacceptable condition. Bodies were stacked three or four high and an extremely bad odor existed throughout the facility, originally built in 1986. Recommendations were made to increase the size of the Coroner’s Facility, remodel it entirely and add additional refrigeration capacity, as well as the additional staff to the Coroner’s office. FINDINGS Recently, the Board of Supervisors assigned the Coroner’s duties to the Sheriff’s Department. In November 2006 remodeling was begun on the entire Coroner’s Facility, including the installation of a new roof. A new and larger refrigeration/freezer system has been installed in addition to the existing refrigeration system. Facility upgrades include the autopsy stations, anthropology room and a facility for pathologists. When finished, the new morgue will hold approximately 170 bodies. Since the merger, the Board of Supervisors has approved 19 new staff positions and when filled, the office will have 51 full-time positions. The Sheriff is recruiting RN’s, ex-officers and paramedics, embalmers, and fire personnel. They will receive four months departmental training and two weeks specialized training. When fully staffed, the Coroner’s Office will have three full-time and three part-time pathologists. Additional investigators are needed to identify a backlog of unidentified persons. The remodeling of the Coroner’s Facility is a four-part process. The Grand Jury’s visit on April 12, 2007, found stage one of the remodeling almost complete. Final completion is scheduled for September 2007. The Sheriff’s Office requested the Board of Supervisors provide an additional Coroner’s facility in the high desert area. This request was approved and an Apple Valley mortuary was obtained and is being remodeled. The Apple Valley facility is a lease with option to buy. The additional facility has given the County two Coroner’s facilities to handle the growing population of San Bernardino County. RECOMMENDATIONS
• R07-62
  THE COUNTY PROVIDE ADDITIONAL CORONER INVESTIGATORS FOR THE BACKLOG OF UNIDENTIFIED BODIES.
• R07-63
  COMPLETE REMODELING OF THE APPLE VALLEY FACILITY AND HAVE THE REAL ESTATE SERVICES DEPARTMENT INVESTIGATE OPTION TO PURCHASE FACILITY. IMMIGRATION CUSTOMS ENFORCEMENT (ICE) BACKGROUND The Immigration Customs Enforcement (ICE) Unit is administrated by the Sheriff of the County of San Bernardino. Operations began January 2006 at West Valley Detention Center in Rancho Cucamonga only. The mission is to screen all prisoners booked at the facility to determine immigration status. San Bernardino County was the first to initiate the program in California. FINDINGS The Unit, consisting of nine specialists and one supervisor, is in operation Monday through Friday, 5:00 a.m. until midnight at the West Valley Detention Center only. The Unit is supervised by the Sheriff’s Department. The specialists must be bilingual and attend ICE training, which is funded by the Federal government. They receive no extra pay or allowance to serve in these positions. They also are required to have a high secret clearance. Only the ICE specialists are authorized access to the computers and files. All operations are monitored by Federal ICE personnel. Adequate office and work space is provided. RECOMMENDATIONS
• R07-64
  EXPAND THE ICE PROGRAM TO INCLUDE ALL SHERIFF’S JAIL BOOKING FACILITIES.
• R07-65
  CONSIDER PROVIDING STIPENDS TO ICE SPECIALISTS. SCIENTIFIC INVESTIGATIONS UNIT BACKGROUND The Sheriff’s Scientific Investigation Division provides support in the investigation of crimes committed within the County of San Bernardino. Division personnel have been commended for their expertise and assistance in solving crimes. This includes evidence monitoring, crime scene investigation, photos, evidence gathering, ballistics testing, and the analysis and testing of DNA. FINDINGS The workspace area is not adequate for the amount of investigative services that the division provides. The FBI recommends that there be 1,000 square feet of space for each analyst, but the current facility has 46 analysts in 15,226 square feet. There are currently only 10 crime scene investigators but more are needed. Evidence is brought to the facility from all Sheriff and police agencies in the County and is stored on site. One particular concern is the area where evidence vehicles are stored. They are housed outside in an unprotected area and are severely compromised by weather, animals and vandalism. The last two Grand Juries have recommended that something should be done to make the area more secure. The Sheriff’s Department currently supplies all kits for evidence gathering to all law enforcement agencies in San Bernardino County for blood alcohol, sex offense, DNA swabs and blood tubes at no charge. A digital server is needed that would download and secure all photos. Photos are currently unsecured and some evidence has appeared on websites. This would eliminate the physical storage of all photos, which occupies substantial space. RECOMMENDATIONS
• R07-66
  HIRE ADDITIONAL DNA ANALYSTS AND CRIME SCENE INVESTIGATORS.
• R07-67
  PROVIDE AN AREA INSIDE A WAREHOUSE OR INVESTIGATE CONSTRUCTION OF A MORE FEASIBLE WAY TO HOUSE VEHICLES INVOLVED IN CRIMES. 56
• R07-68
  CHARGE LAW ENFORCEMENT AGENCIES A NOMINAL FEE FOR ALL EVIDENCE KITS.
• R07-69
  PROVIDE FUNDING FOR A DIGITAL SERVER TO DOWNLOAD AND SECURE ALL PHOTOS. SHERIFF’S TRAINING CENTER/ACADEMY BACKGROUND The 23-week basic Academy training program lasts 920 hours and is considered by California Peace Officer Standards and Training (POST) to be one of the top basic academies in the State. POST has recognized the need for peace officers to have strong values of leadership, ethics, and community policing. The curriculum and format has been recognized as the standard for all the other basic academy programs in the State. This past year, 121 students completed the basic Academy program. FINDINGS The Academy trains recruits for the Sheriff’s Department and as well as other police departments. Class sizes vary from 40 to 70 students. Recruits at the Academy spend 40 hours a week in the training program. One of the most difficult areas of training is report writing. San Bernardino Community College provides an instructor to assist in educating the recruits in this area. There are four academies conducted each year. The training center consists of 650 acres on three different sites. Some of the facilities are old, in poor condition and have mold issues that are being resolved. Sewers have to be pumped every day. There is an occasional flooding problem area during heavy rains. Transporting personnel into the grounds by helicopter has been 57 necessary when flood occurs. An alternative route west of the facility is currently under development and could provide an alternate route. The Academy offers training in other areas: Advanced Officer Training, Mounted Enforcement, Firearms Training, Motorcycle Training, Driver Training and Advanced Defensive Driving. RECOMMENDATIONS
• R07-70
  DEVELOP AN ALTERNATE, FLOOD FREE ROUTE, INTO THE GROUND OF THE SHERIFF’S TRAINING FACILITY.
• R07-71
  REPAIR BUILDINGS THAT ARE IN POOR CONDITION AND REMOVE MOLD. 58 publIC AND SuppORT SERVICES COMMITTEE COMMITTEE publIC AND SuppORT SERVICES Back – Ron Brooks, Victor Edinburgh, Kenneth Taylor-Chair Center – Roderic Moers, William Howard, Burrel Woodring Front – Lois Long, Carol Sharp Not pictured – Marianne Della Marna, Clyde Metzler PUBLIC AND SUPPORT SERVICES COMMITTEE The Public and Support Services Group (PSSG) was formed during a County organizational restructuring approved by the Board of Supervisors in May 2005. This group includes most departments having a strong interface with the general public, as well as a number of internal support departments. PSSG Administration coordinates the administrative and budget activities of fourteen County departments charged with providing services to the public and to other County departments. The departments of PSSG that were reviewed are as follows: Agriculture/Weights and Measures Airports Architecture and Engineering County Fire County Library County Museum Fleet Management Land Use Services • Building and Safety • Code Enforcement • Planning Regional Parks Registrar of Voters Special Districts The departments not reviewed are as follows: Facilities Management Public Works • Surveyor • Transportation/Flood Control • Waste Systems Division Real Estate Services The actions of the PSSG Committee resulted in the following findings and recommendations. COUNTY FIRE DEPARTMENT CONFIRE JPA COMMUNICATIONS CENTER BACKGROUND The San Bernardino County Fire Department’s CONFIRE Joint Powers Agreement (JPA) Communications Center (Comm Center), is located in the City of Rialto, southwest of the Rialto Municipal Airport. It is located in the same security complex as the County Office of Emergency Services. Its primary mission is to provide 24/7 direct Fire/Emergency Medical Services (EMS) dispatch services. Member agencies of the CONFIRE JPA are San Bernardino County Fire Department and all 36 consolidated fire county districts, plus fire departments for the cities of Colton, Loma Linda, Redlands and Rialto. They also contract with Running Springs and Twentynine Palms fire districts for this service. The Comm Center is also the operational area dispatch center for several County departments. It is also responsible for mutual aid dispatching requests and it handles all air ambulance calls and multi-casualty incidents for this area. FINDINGS The Center is now in a 5-year-old permanent Butler-built type building. They were located in a nearby temporary building with 9-1-1 and Sheriff Dispatchers. The Comm Center has 58 personnel assigned with approximately 26 on duty at any one time. They have eight radio dispatchers and two intake personnel. They work 12-hour shifts and are cross-trained in all systems. Qualified dispatchers are in great demand and have a significant turnover in the public service field. County Fire and the Sheriff’s Department have been awarded a $300,000 Homeland Security grant. It provided a Request for Proposal (RFP) to hire consulting services for the new joint communications center for County Fire and County Sheriff. The contract has been awarded to DMJM Designs/AECEM in Orange, California, and the results of the study will be completed by December 31, 2007. The study will recommend a permanent location, combining services of the two locations, the financing and time frame for the new center along with other recommendations. Past Grand Jury recommendations were reviewed with the Comm Center Director. Mostly those recommendations were concerns of security and overcrowding at the center. Even though some of those conditions still exist, the proposed joint center that is being planned with the Sheriff’s Department will address and solve most of those concerns. The department is small and little known and the public needs to be informed of this useful and valuable department. RECOMMENDATIONS
• R07-72
  REVAMP THE PAY SCALES AND BENEFITS TO BETTER RETAIN DISPATCHERS. THIS WILL ALSO HELP IN RECRUITING EMPLOYEES.
• R07-73
  ACT PROMPTLY TO IMPLEMENT THE STUDY OF THE COMM CENTER.
• R07-74
  INFORM THE PUBLIC OF THIS UNIQUE AND VALUABLE DEPARTMENT. Support Services Center, Hazardous Material Division, and Sewell Training Center BACKGROUND There are three County Fire Centers located at the San Bernardino International Airport (SBIA) on approximately 10 acres leased from the airport authority. The facility consists of a mixture of old original hangars and temporary manufactured buildings. The Support Service Center provides three support activities: Vehicle Services (repair and outfitting of all fire engines and support vehicles), Warehouse Services and Facilities Maintenance. The Hazardous Materials Center is responsible for routine inspections, operating household hazardous waste collection facilities and responds to citizen complaints about hazardous waste problems. This operation is recognized by the state and federal government as a leader in household hazardous waste management. The Sewell Training Center, in conjunction with Crafton Hills College, has 11 weeks of classwork encompassing all aspects of real-life firefighting techniques that includes 480 hours of field training. The Center provides three fire academies per year. FINDINGS The SBIA Joint Powers Authority consists of representatives from the cities of Loma Linda, Colton, Highland, San Bernardino, and the County of San Bernardino. The SBIA Authority has notified the County that they are not renewing the lease they have had with County Fire since 1995. The lease called for 10 years, plus two three-year options. The last three-year option will expire in 2011. According to SBIA, “with the closure of Rialto Airport, we are placing some aircraft oriented business on our site. In 2011, we may need to acquire the County Fire facilities space for our SBIA use for aircraft placement and aviation use.” In addition, SBIA reported, “County Fire is considered non-aviation and consequently, the FAA (who have oversight on leases at the airport) will not support a lease renewal.” SBIA is uncertain whether another of their off-airport sites will be available to relocate the three centers. In the County Fire Business Plan for 2006-07, Goal Six recommends the following steps to complete the facilities relocation: “(a) Perform a needs assessment and space allocation study; (b) Research available real estate based on space allocation study; (c) Estimate project cost and identify potential revenue sources to fund relocation of a facility; and (d) Present recommendations to Board of Supervisors for viable options.” County Fire is involved in a reorganization of 36 fire districts into four regions. The application is before LAFCO (Local Agency Formation Commission) and should be completed this year. LAFCO informs the Grand Jury that with some minor adjustments, it should be before the Board of Supervisors sometime this fall. RECOMMENDATIONS
• R07-75
  EXPLORE WITH SAN BERNARDINO INTERNATIONAL AIRPORT ON ALTERNATE OFF-AIRPORT RELOCATION SITES.
• R07-76
  EXECUTE 2006-07 BUSINESS PLAN RECOMMENDATIONS FOR RELOCATION OF THREE COUNTY FIRE COMMUNICATION CENTERS AND PRESENT RECOMMENDATIONS TO BOARD OF SUPERVISORS.
• R07-77
  COMPLETE THE REORGANIZATION OF THE 36 COUNTY FIRE DISTRICTS THAT IS BEFORE LAFCO. LAND USE SERVICES
• R07-78
  MAKE AN EFFORT TO NOTIFY AREA UNIVERSITIES THAT THE COUNTY HAS A SERIOUS NEED FOR PLANNERS; IT SHOULD ALSO CONSIDER OFFERING GRANTS AND SCHOLARSHIPS TO QUALIFIED STUDENTS IN EXCHANGE FOR MULTIYEAR COMMITMENTS TO THE COUNTY WITH FULL-TIME EMPLOYMENT AS AN ULTIMATE GOAL.
• R07-79
  WHEN A LAND USE PERMIT IS PULLED, REQUIRE PRE-INSPECTION BEFORE THE WORK BEGINS ON LARGE AND SMALL DEVELOPMENTS. INFORM ALL LOCAL LAW ENFORCEMENT AGENCIES OF CODES AND LAWS REGARDING PROTECTED PLANTS AND TREES. THESE AGENCIES ARE REQUIRED TO ENFORCE THESE ORDINANCES AND COLLABORATE ON ENFORCEMENT WITH OTHER DEPARTMENTS.
• R07-80
  THE EXISTING TECHNOLOGY OF AERIAL PHOTOS/GPS BE USED TO THE FULLEST EXTENT. REGISTRAR OF VOTERS
• R07-81
  UPGRADE THE TEMPERATURE CONTROL IN THE REGISTRAR OF VOTERS WAREHOUSE TO MAINTAIN A CONSTANT 78 DEGREES.
• R07-82
  UPGRADE BALLOT-COUNTING SCANNERS.
• R07-83
  DURING THE ELECTION PROCESS: (1) PREVENT THE VOTING MACHINES FROM RUNNING OUT OF PRINT PAPER AND MALFUNCTIONING; (2) ASSURE THAT THERE WILL BE NO SHORTAGE OF PAPER BALLOTS COUNTY-WIDE; (3) OFFER YEAR-ROUND TRAINING; AND, (4) ACTIVATE THE SECURITY SYSTEM.