2020 to 2021 Civil Grand Jury Final Report

Conclusions 10

• CL1
  METHODOLOGY In preparing this report, the Grand Jury interviewed senior County administrators, including seventeen department heads, and representatives of four of its six employee unions, as well as individual employees. Some witnesses were interviewed more than once and some also provided specific information and documents. 11Deductions from each check for benefits are about $1000 per month per interviews with multiple County employees. *****According to a senior County administrator $1000 is equal to 2% of the average gross wages for all employees. (The Grand Jury questions the accuracy of this figure.)***** 12 Interview with County department head. 13 Interview with senior County staff, May 2021. 14 Interview County administrative staff, May 25, 2021 120 With respect to documents, the Grand Jury relies primarily upon the Class and Compensation Study, financial information supplied by senior financial officers, data regarding retention supplied by several department heads as well as a “Labor Negotiations History,” supplied by a senior administrator. Various witnesses provided other data and documents. The Grand Jury also reviewed other information that is publicly available online, including local news reports, especially one dated October 23, 2020 in Lake County News,15 and employee recruitment files. The Grand Jury observed several Lake County Board of Supervisors’ meetings and reviewed the agendas and minutes. In addition, the Grand Jury reviewed California statutes, regulations and administrative decisions, especially ones that relate to collective bargaining. It also investigated and relied on publicly available population data and the Social Security Administration’s annual COLA (cost of living adjustment) history. The Grand Jury did not examine County benefits for employees in any detail. The subject is complex and varies too much from individual to individual employee to include it in this report. For purposes of analyzing recent events, there were several crucial questions concerning benefits that the Grand Jury could answer in broad strokes. How much was deducted from line employees’ paychecks? Could new, especially young employees or single parents, afford benefits offered by the County or would they turn to other alternatives such as the Affordable Care Act? The responses were that – based on an average $1000 that is deducted for benefits monthly - many employees with families do turn to the Affordable Care Act or rely on a spouse’s benefits. It is reportedly difficult for a single person in a junior position to live independently on his or her County salary.
• CL2
  BACKGROUND 15 Larson, Elizabeth, LakeCoNews “Board of Supervisors begins process of approving millions of dollars in pay raises for staff,” October 23, 2020, hereinafter Larson Oct. 23 121 The cost to replace each employee who leaves is estimated to be at least $1,000. Between November 1, 2020 and March 10, 2021, or in less than 5 months after the new salaries went into effect, forty Lake County employees left their employ. Seventy-six employees earned less than $15 per hour.16 It is unclear whether those seventy-six employees include library assistants paid $9 per hour. Historically, Lake County’s employee recruitment has been challenging. Aside from issues with pay and benefits, potential employees may be discouraged because it is a small rural county, which, although beautiful with many recreational opportunities, lacks some educational, social and cultural amenities available in other more populous and more affluent nearby counties. Often, Lake County has trained new employees, only to see them depart once their positions have been mastered. The Sheriff’s Department resolved this dilemma in part by providing its training locally after previously sending new employees outside to train. Now it also offers training to outsiders who pay for it. One witness reported that because his department is chronically short-staffed, new employees have to learn much very quickly. By the time they move on, they have mastered most jobs in the department and are, therefore, very attractive recruits elsewhere because other similar departments tend to specialize officers’ duties. It has been especially difficult for Lake County to recruit professionals, such as planners, lawyers, doctors and executives. The County’s salaries are comparatively low to very low. The County resists offering special incentives to applicants, although there are rare exceptions.17 Such accepted incentives might include such things as paying down the applicant’s student loans, covering moving expenses, providing housing assistance, paying travel expenses or tuition or finding employment for a spouse. Despite these incentives recruitment of these applicants frequently fails. 16 Data provided by County Human Resources in March 2021 per Grand Jury request. 17 The Sheriff’s department's Pathologist is an anomaly. He works under two contracts, one for autopsies, the other for toxicology services. The Grand Jury understands he is not a full-time County employee. To date this fiscal year, he has been paid $595,114.58. A department representative explained that such services are required by law and are consistent with costs the department has incurred from previous pathologists. 122 Recently, this has been true for lawyer applicants to the District Attorney’s and the County Counsel’s offices, both of which have open positions and need help. Recent recruits declined employment offers. Department managers felt that uncompetitive salary offers were not the only reasons applicants decided not to sign on. For younger ones, the ones most likely to accept low salaries, it was thought that the limited social and entertainment opportunities were too limited in Lake County. More than one department head thought applicants from rural backgrounds were more likely to accept and continue in County employment. One difficulty agencies have faced when recruitment fails is that some of their grantors or public funders require the County to provide an alternative. For example, telemedicine may have to replace a physician, even though it may cost more than hiring an applicant and be less satisfactory. However, at the other end of the spectrum, the Grand Jury learned that one part-time Lake County medical professional is paid more than County employees/contractors because his expertise is mandatory, critical, and there is no viable alternative. (See, fn. 8) Exactly how long it was before 2020 since County employees last received a raise is unclear. Without question, for employees, it was too long. One witness said he had not gotten a raise for fourteen years. The last time there was a cost of living adjustment (or COLA) was in 2003, eighteen years ago.18 Even though employee unions negotiated raises and other accommodations from time to time after 200919 not all County employees are union members.20 Some employees cannot afford to have union dues deducted from their pay, especially after the $1000 deductions most employees are required to pay monthly for benefits. According to one news report:21 In the 2015-16 fiscal year, a County senior administrator said, essentially all county employees received a 3% cost of living adjustment and a 7% salary adjustment. At the same time, due to pension reform, he also said 18 Interview senior administrative staff, May 2021 19 “ County Labor History” 2009-2019, document provided by senior County official, May 2021 20 County Supervisors have approved union negotiated benefits and raises but they were not extended to non-union County employees. 21 Larson supra, Oct. 23, 2020 123 public employees were required to cease paying the employee’s share of retirement costs, equivalent to 7%, which meant most employees netted an increase of less than 3%. [***The Grand Jury finds these numbers/changes do not make sense in terms of overall effects on employee income.***] In any event, only two of the County’s unions secured raises in 2017. There was not another one until 2020. Since the Valley Fire in 2015, some County salaried employees have frequently been called on to work in emergencies during the many disasters Lake County has since endured. It is a mandatory job requirement for which there is no extra pay. By 2018, when the study was completed, many County employees were discouraged and mistrustful of the County government. During this period of stagnant wages morale continued to deteriorate, compounded by the many disasters the County faced after 2015. By 2020, the County’s employee vacancy rate had climbed to 25%. There was a sense among employees that if they protested and asked for more, there would be ‘unpleasant consequences’. To guide it in solving chronic employee attrition, the County hired consultants to conduct a class and compensation study. Eventually, when it was completed, the County was guided in part by the Class and Compensation study‘s findings. The study’s key finding regarding salaries was that the County’s median pay was between 4.09% and 69.1%, lower than the market rate for specific jobs. Lake County’s overall pay, including salaries and benefits, was from 0.49% to 52.02% lower than comparable market rates.22 The market was defined to include twelve other countries or water agencies and several cities--Calaveras, Colusa, Glenn, Humboldt, Mendocino and Napa counties; the Nevada Irrigation District; and the Cities of Eureka, Ukiah, Yuba City, Davis and Woodland. 22 Study at p. 13. 124 From these results, it was obvious that, without raises and other changes, the County would continue to lose employees and experience ongoing deterioration of employee morale, retention and recruitment. To be competitive, the study recommended the County should raise all its salaries by from 10%-30%. It also recommended that at the very least, the County should pay 100% of the market median for each position. The County chose not to do either of these things because, after consulting with the County’s finance experts, it concluded it was too risky to spend so much, in the range of $8,000,000 more a year, until it could assess the impact of the COVID-19 pandemic. Its compromise was to give managers raises that were 80% of the market median and to give 85% of the market median to non-managerial employees,23 or, for both groups, less than half of what its competitors were paying. The added cost to the County budget of the 2020 raises and changes to benefits is estimated to have been $5,252, 910. The final cost of the study, including the work done by employees and supervisors, is estimated have been $488,800,24 not the $100,000 usually mentioned. In December 2020, the County raised employees’ pay at the 80% or 85 % of the study’s median rate. Most employees accepted the raises but some unions did not and are still engaged in negotiations as of this writing. Despite the raises and other improvements (some benefits changes) to the County’s total compensation, there is still a 20% vacancy rate. 25 This is especially a problem at the Sheriff’s Department where departures of jail staff has recently forced the department to pull patrol deputies off their beats to staff the jail. 26 Recruitment of professionals has stalled.27 There were concerns by department heads handling court cases about their ability to manage their caseloads when the courts reopen after pandemic restrictions are lifted. There is a large backlog and 23 Interview with senior financial staff. 24 Email to Grand Jury from senior County financial officer, May 2, 2021. 25 Interview senior county administrator, May 19, 2021. 26 The state requires there be set staffing levels at the jail. 27 Interviews with a senior County administrator. 125 not enough attorneys to handle it. Overall recruitment is disappointing. Even with $5,000 signing bonuses the Sheriff secured from a rural sheriffs’ fund,28 and after a lengthy hiring process, he was only able to hire one new deputy. It is a given that County employees who remain on the job are burdened by having to fill in for their missing former colleagues. There is still no permanent replacement for the County’s Public Health Officer. There is also attrition at the Department of Social Services. As of June 5, 2021, there were County vacancies for Substance Abuse Counselors, for an Assistant Public Works Director, for a Principal Planner, for a Principal Civil Engineer, for a County Surveyor, for a Director of Nursing, for positions at the Sheriffs’ department, including for a Sergeant, for a Senior Public Health Nurse, and for Deputy District Attorneys.29
• CL3
  EMPLOYEE MORALE County government, especially at its most senior levels, would benefit from a concerted effort to improve relationships with its employees and lift their morale, which is low and marked by mistrust. It did not help morale when, at the Supervisor's first meeting to consider the new raises in October 2020, County administrators were ready to present their own and managers’ raises but were not ready with those for staff employees. At the time of this report, some unions had not even voted on the proposals. Administrators pressed for a quick vote so that raises would begin countywide in December. To its credit, the Board of Supervisors refused to vote on the staff employees’ package until unions had a chance to vote on changes and fiscal officers authorized raises for both employee groups effective by the end of the year. Board members were unwilling to vote on a promise. The Board approved managers’ pay raises at that first meeting and staff employees’ raises several weeks later. Nevertheless, without 28 Confidential interview with the Grand Jury. 29 Email to Grand Jury, 6/5/21, New Job Openings, Lake County Human Resources 126 pressure from the Supervisors, those staff employees’ raises would have been delayed into the New Year. Fortunately, their raises went through with their December 2020 paychecks. All employees also received a $1500 stipend in December. (These stipends have also occurred in some previous years.) Another series of events that left staff employees resentful was that, over the years, the Board of Supervisors had given itself, but not its employees, raises. Although in October 2020, the Board paid themselves” $63,714 with $ 2,400 additional pay for the board chair,30 some employees were somehow convinced that the Board was paying itself $100,000. In 2020, when the Board of Supervisors approved the first reading of the proposed ordinance to raise salaries, it specifically ordered that the Board’s pay would not increase as it otherwise would have.31 The Grand Jury does not suggest there was any malfeasance in these events. They do, however, reveal an insensitivity of the Board and administrators to their employees' sensibilities. Sometimes, appearances matter, especially in politics and governing. One thing the Supervisors might consider doing to improve employee morale is to spend more time with them, perhaps by regularly visiting them at work. Employees say a plaque rewarding their service from the Supervisors is very nice, but they also want the Supervisors to know first-hand what they do and how hard they work. After the raises went through, and even beforehand, department heads were given an opportunity to appeal to the “Class and Compensation Committee,” a newly formed committee consisting of administrators and department heads that reviewed individual employees’ pay or alter remuneration under the study for certain positions. Out of 23 appeals, only two were granted.32 Those two were for managers. Committee members were urged to remain faithful to the study’s “principles.” 30 Larson, supra, Oct. 23, 2002 31 Id, 32 The Grand Jury was initially told that there were 33 appeals. 127 After being turned down at the Class and Compensation Committee, at least two department heads continued fighting on behalf of their employees for more pay by asking the County to change the category those employees were in, to ones that paid more. The employees affected were reported to be exemplary people working above their formal titles. The outcome of those appeals is unknown at this time. The Grand Jury acknowledges those department heads’ loyalty to their staff employees. One of them surmised that the rigid adherence to the study principles was discouraging employees in her department because it had eliminated long- standing paths for advancement, something outside the study parameters and not relevant in 2021.Another stated he just wished the County had gone with the study median in all cases.33 The only employees that successfully appealed their salary increases were managers. Lest there be any question about who was distressed by this rigid application of the study’s principles, it was department heads who wished for more flexibility and generosity. The 2020 raises were not given to probationary employees, even ones who are highly skilled and have professional certifications.34 One department director also pointed out that new employees are being hired in the same positions at rates often several dollars less than ones who got raises. This leaves some employees doing the same jobs at different pay, regardless of experience or skill. Rigidity still taints County employment.
• CL4
  KONOCTI CONSERVATION CAMP #27: The facility is jointly operated by the State Departments of Forestry and Fire Prevention (CalFire) and the Department of Corrections and Rehabilitation (CDCR). Its primary mission is to provide inmate fire suppression crews wherever needed in California. There are 35 minimum-security camps, statewide, in 25 counties, of which two are for women. Inmates volunteer to be assigned to a camp, and only those with fewer than five years left on their sentences and no history of arson, rape, or other sex crimes are eligible. Rehabilitation is continuously emphasized, beginning with simple discipline, such as getting up at 6 a.m., to help 107 them “make it in the world.” The formal disciplinary procedures progress from verbal warnings to written warnings to, at the extreme, being returned to prison. The Camp has a capacity of 100 inmates and currently houses 33 inmates, with some on fire crews and the rest in support roles (kitchen, vehicle maintenance, water treatment, office). In order to build cohesion, each fire crew has 12-16 members that train together, work together, sleep in the same pod, eat together, and relax together 24/7. All of the training is for wildland, not structure, fires. If an inmate passes an initial one week of physical education, he is then sent for two weeks of firefighting training. The inmates also prepare food in the field using mobile trailers. The inmates are paid $2.45/day, with an extra $1/hour when actually fighting a fire. Their sentences may be reduced because of their participation in this program. During the recent years of wildland fires, the inmates spent nearly eight thousand man-hours fighting fires throughout the State. CalFire has changed its policies to permit hiring qualified inmates after release. The US Forest Service and private fire agencies also can hire inmates, but municipal fire departments cannot. CC#27 also provides equipment maintenance and repair for all manner of fire service equipment. This unit can also operate as a mobile unit that travels to make repairs on-site. CC#27 also participates in conservation, fuel-reduction, and community-service programs in Lake, Napa, Sonoma, Yolo, Colusa, and Mendocino counties. The BSCC does not inspect this facility. FINDINGS: F-1: The model Conservation Camp program serves a vital role in the rehabilitation of inmates through fire-fighting training and experience and the provision of land conservation and fuel reduction projects for local communities. F-2: The decrease in the number of fire camps and in the number of inmates at CC#27 raises concerns about the availability of inmate ground crews to respond to wildfires in Lake County during this year’s looming fire season. F-3: CalFire’s decision to hire eligible inmates after they serve their sentences is to be commended.
• CL5
  LAKE COUNTY JAIL The facility on Hill Road operates as the county jail under the supervision and budget of the Sheriff. Lake County Public Health manages the budget for medical care. The Jail houses both pre-trial adult male and female inmates, those serving court-ordered sentences, and those awaiting transfer to a State prison or hospital, as well as those being held on bail while awaiting court appearances. The capacity of the jail is 286, but, due to the effects of COVID-19 precautions and the reclassification of some crimes from felonies to misdemeanors, the count at the time of Grand Jury interviews was 175. Local law enforcement agencies are expected (by inter-department agreement) to bring suspects in for booking only if they were arrested for felonies or violent or sexual crimes. For 11 months, the State did not accept transfers from county jails until February 2021. This bottleneck created a management issue because the more violent inmates headed for prison required higher security, thus impacting shift staffing levels. When 35 inmates were recently transferred to prison all at once, six officers had to accompany them and spend the night, away from their primary assignment. COVID-19 The COVID-19 pandemic presented a number of additional challenges, all of which the Jail handled well. The staff worked closely with the County Public Health Officer and the State Department of Health, which was invited by the Sheriff to visit the jail to assist with developing safety and cleaning protocols. Every new inmate routinely undergoes rapid PCR testing for COVID-19, with results in 72 hours, but they cannot wait in Booking for that length of time and are placed in the general population. The rapid testing will likely continue another year. COVID-19 spreads notoriously quickly in congregate settings. Due to screening deficiencies at most state prisons, the vast majority of COVID-19-positive inmates were infected when they were transferred to the Hill Road Jail. An asymptomatic inmate could infect others after being transported together, despite being quarantined while other inmates in the pod were tested. Even so, in a few days, everyone in the pod tested positive. Fortunately, only one inmate became seriously ill and required hospitalization. Approximately 70 inmates were diagnosed with Covid-19. About 10 staff also tested positive, but displayed only mild symptoms. 109 In March 2021, Public Health offered vaccination to all inmates, but only 31 of the 175 inmates accepted. MEDICAL CARE Medical services at the Jail used to be provided by CFMG (California Forensic Medical Group in Monterey), but the company was absorbed into, and the Jail contract was taken over by, Wellpath Management Inc., a nationwide company based in Tennessee, within the last two years. There were initial issues regarding adequate levels of staffing, but currently the Jail is managing. The consulting physician is on-site only four hours per week. The Jail needs a broader contract for increased mental-health services, with Medical Assisted Treatment especially desired. DRUGS Drug interdiction remains a serious issue. Drugs generally are smuggled inside body cavities, thus are difficult to detect. The Jail did purchase a body scanner, which works well for cell phones and guns and plastic containers, but not for powders. All inmates are scanned on admission. The company providing the scanner recently submitted a bill for $12,400 to extend the warranty. There is the occasional “influx” of drugs – enough for one or two people. Opiate-based drugs are often adulterated with Fentanyl, unbeknownst to users. All officers now carry Narcan. There have been three ODs in the past year. Two inmates were revived with 1-2 Narcan administrations by Jail staff. A 3rd inmate had to be transported to the Sutter ER to be revived. The most recent OD, a woman, had a cellmate who had just come into custody. Presumably, the roommate smuggled the drugs inside a body cavity. The Jail also has a mail scanner that can detect chemicals in the paper when the paper is soaked in a drug solution. The scanner also searches for “key words” and “instructions to do something.” The Jail also relies on informants. Contraband is found regularly, and the search for it is an all-day every-day activity. MENTAL HEALTH As of February 2021, the Jail had 37 “mental health inmates” – those who were admitted with a psychiatric diagnosis or who were prescribed psychoactive medications after admission. Most of these inmates have both substance abuse and 110 mental health issues. The correctional officers receive minimal special training – other than OJT and a five-week general program - to deal with inmates with serious mental health conditions. These inmates require a higher level of care and can be difficult to manage. At one point, 14 of these inmates required two-officer contact and one required three officers to be present during any interaction. The Jail has access to a full-time mental health nurse and an on-call therapist for prescriptions. These inmates also have access to tele-health video calls with a psychologist or psychiatrist. Nonetheless, the Jail is far from an ideal place for mental health treatment, and some inmates deteriorate while in custody. The added stress of imprisonment can exacerbate their symptoms, making life more difficult for both the inmate and correctional staff. Mentally ill inmates are more likely to violate rules and be involved in altercations and staff assaults than are other inmates. This acting-out leads to increased sentences and progressive disciplinary interventions such as administrative segregation and isolation, both of which have been found to provoke active symptoms in this vulnerable population. The classic correctional tenet that most inmates are rational and make choices based on how they will respond to facility rules and officer direction is no longer realistic now that a substantial portion of the inmates are mentally ill. Disturbed inmates are only rarely removed from the Jail via a 5150 process (health regulations that allow involuntary holding of a person for psychological evaluation). Access to state hospitals from the Jail is usually possible only for those found to be incompetent to stand trial. State hospitals did not accept transfers for eight months but have now reopened. Jail staff frequently mentioned the critical need for a psychiatric facility to be available in Lake County. Five or so years ago, consideration was given to – and funds were expended to explore – committing one wing of the jail to becoming a psychiatric unit, but, in the end, reducing the number of cells in the Jail was deemed to be ill advised. COMMUNITY PROGRAMS While COVID-19 restrictions eliminated most of the overcrowding, the Jail also utilizes: a) Alternative Work Program – e.g., County road work crews, cemeteries and fairgrounds maintenance, and janitors in the main office. 111 b) Home detention, which is voluntary for low-level offenders with 30-day sentences. They are required to wear an ankle monitor. c) Sheriff’s Parole, which is like probation. The Sheriff determines who can be released with supervision until they can return to the workforce. d) Involuntary home detention, usually for inmates with major medical issues. However, the Sheriff’s Office does not have sufficient staff to supervise these inmates in the community. These jail alternatives have funding for only one Deputy and a Records Technician. JAIL STAFFING Correctional Officers are sworn peace officers. Staffing overall at the Jail remains a substantial problem. Although funding for 41 correctional officers is approved – and that number itself is insufficient – only 33 line-staff positions are currently filled. Among those, however, some staff may be in training and others may be injured or out on family leave. Since 2016, 50 correctional officers have left. As of this report, seven additional correctional officers were set to resign, and another five have indicated that they, too, want to leave. The estimated “replacement cost” of an officer is several tens of thousands of dollars. The recruitment and hiring process requires approximately a year, and a vast majority of the applicants are not hired. The County has to pay for the medical and psychiatric evaluations, regardless if they make the grade or not. During the last hiring period, 13 persons applied, but only five showed up, of whom two were hired. The correctional officers are all full-time and work four days on and three off (or vice versa), plus 30-40 hours of overtime. When inmates are removed from their cells, four officers stand watch. Seven-to-eight correctional officers are assigned per shift. If the number drops below five, the Jail has to be locked down. Patrol officers are brought in when necessary for transportation and to staff the courts. As many as seven patrol officers were assigned to the Jail recently. Of the 12 approved positions for correctional aides (civilians who watch the inmates and officers from the towers) only six are filled, which requires that an officer must then be assigned to tower-duty. The Jail was built in 1990. A survey at that time estimated that it would need 50 new hires/year, but that figure did not account for realignment or for the different levels of offenders or for turnover due to persistent low wages. The primary difficulty in retaining officers is the low salary paid in Lake County. No cost-of-living-allowance was available for 14 years. The County’s recent Classification & Compensation Survey showed that correctional officers were 112 being paid 17.7% below the median. In response, the County offered them an additional 37 cents per hour. A beginning correctional officer is paid $19.23/hour, and a beginning aide is paid $15.83/hour. The officers top out at $25.53/hour. The cost of health insurance is also an issue. Single officers do not pay for health coverage, but adding a spouse and one child costs $1,260.91/month and effectively lowers their hourly rate by $8.60. Of note, the patrol officers with a family have negotiated with the County to pay 80% of their health insurance. In comparison, correctional officers in Napa County are paid $11-12/hour more than in Lake County. Training does not begin until after new officers start work. Approximately 96% of new hires have no military or law enforcement experience. After one week of orientation, they are assigned to a training officer. Within three months, they must complete a 5-week training course. BSCC REVIEW The Jail has corrected a deficiency identified by BSCC in an earlier report. There are now more than enough restraints for the inmates they have currently if evacuation is again necessary, as it was for the Mendo Complex fires. The Jail is still in the process of completing the State requirement and has a plan to purchase more restraints every quarter. The last biennial BSCC report was in 2019, and its findings were discussed extensively in the Grand Jury’s 2019-2020 Final Report. Overcrowding was found to be the basis of a rare “non-compliant” rating during the last inspection. That issue, too, is being addressed by the Sheriff’s Office through facility reconstruction, which was paused by the pandemic. LEGISLATIVE/JUDICIAL INFLUENCES ON JAIL POPULATION Given the Courts’ backlogs due to COVID-19, Jail staff worry that the Jail will be inundated with additional inmates when criminal caseloads return to normal (expected) levels. As long as CDCR stops “parking” its prisoners in the Jail and accepts its long-term inmates, the Jail population should be manageable during 2021, but perhaps not in 2022. The inmate population at Hill Road has been decreasing, in part because arrestees accused of misdemeanors stopped being booked in March 2020, and “zero bail” was implemented in April 2020. (Exhibit A, and see discussion below). The Sheriff reports that serious crimes did not increase in this year of COVID-19, property crimes remained the same, and assaults and batteries dropped only a little. (Exhibit B) More people in Lake County died of drug overdoses than of COVID-19. 113 Recent State laws have also affected the state prison and county jail populations. In the past decade, California has passed three measures—AB 109 (2011), Proposition 47 (2014), and Proposition 57 (2016)—intended to reduce the state prison population.  AB 109 shifted people convicted of a variety of nonviolent felonies from state to local county jails (a change called “realignment”).  Prop 47 redefined certain nonviolent, non-serious felonies as misdemeanors unless the defendant had previous convictions for certain violent crimes, and it allowed resentencing for people convicted for the redefined offenses.  Prop 57 increased opportunities for parole for inmates convicted of nonviolent felonies who had completed the sentence for their primary offense. While having the beneficial effect of lowering the State prison population, AB 109 and Prop 47 increased the population of county jails, including at Hill Road. The Legislature also passed SB 10, which abolished cash bail. Then-Gov. Jerry Brown signed it into law in August 2018. It was supposed to take effect in October 2019, but a challenge from the bail industry blocked it pending the results of Proposition 25, a referendum to uphold the new law. In more serious cases, SB 10 gave judges, aided by algorithms meant to assess the risk each defendant posed to their community, substantial authority in deciding who would be released. Prop. 25 and SB 10 would have created a new system releasing most misdemeanor defendants without bond. However, California voters last November rejected Proposition 25. Then, only four months later, in March 2021, the California Supreme Court ruled that it is unconstitutional to require defendants to remain behind bars simply because they cannot afford bail. In a unanimous decision, the State’s top court told judges to favor pretrial release and consider a person’s ability to pay before setting bail. That ruling is considered likely to lead to many more people being released on low or no bail before trial. Judges may keep criminal defendants in custody only when “clear and convincing” evidence shows there is no other way to protect the public and ensure the defendants’ return for court appearances. 114 FINDINGS: F-1: The Lake County Jail worked diligently with County and State public health officials to control the spread of COVID-19, with the result that relatively few positive cases and no fatalities occurred among inmates and staff. F-2: Jail reconstruction was temporarily interrupted by COVID-19 restrictions. F-3: Drug interdiction remains nearly impossible, despite technologic adjuncts. F-4: Recent laws have reduced the number of arrests for low-level crimes, and the State Supreme Court has mandated new rules regarding bail, both of which reduce the number of inmates. F-5: The Jail population is expected to increase once criminal trials for the Lake County Superior Court docket return to expected (pre-pandemic) caseloads. F-6: Jails are not best suited to provide mental-health treatment, especially when staff are minimally trained, which increases substantially the risk of injury to both inmates and officers. F-7: Additional mental-health support from Behavioral Health is desirable. F-8: More funding needs to be committed to the community-supervision alternatives-to-jail programs. F-9: Critical staffing issues continue to exist in several departments of the Sheriff’s Office, including among both correctional officers and aides at the Jail, and such short-handedness impacts morale and retention and increases overtime and retraining costs.
• CL6
  HOW THINGS STAND As of March 10, 2021, there were 1,199 authorized employee positions in Lake County. 37 Only 81% of them or 975 were filled. In some agencies, especially the Sheriff’s Department and Public Health, low pay is adversely affecting operations in situations that can be dangerous. The Sheriff’s Department is struggling to staff the jail after sworn deputies and civilian workers departed. There are nearly 30 positions unfilled department wide. Many deputies are leaving to go to nearby counties who pay more. For example, the median pay for correctional (jail) deputies in the County’s labor market three years ago was nearly 18% higher than what Lake County pays. The District Attorney, County Counsel and Public Health departments also need to fill critical positions, including replacing the County’s Public Health Officer. Recently, in order to staff the jail, patrol deputies were called in to maintain minimum staffing at the jail which corrections deputies are leaving for better pay elsewhere. When patrol deputies are transferred to the jail, some parts of the County are potentially at risk. The Sheriff’s Department has been aggressive in seeking grants and other funding to hire staff and successfully secured a grant in 2019 to hire four deputies in 2020. This year, grants funded $5000 signing bonuses for new employees. This funding came from a rural sheriffs’ organization. However, after a yearlong recruitment process, the department was only able to hire one new deputy. The Public Health Department struggled during the pandemic to hire nurses. The County could not compete with outside employers. Eventually, the County relented and allowed Public Health to pay nurses signing bonuses. The County Library currently has just 19 employees after 17 employees retired since 2015. Library assistants are filling in as much as possible. They are paid just $9 per hour. (This needs further investigation.) However, the department head offers them library science classes they cannot afford otherwise. 37 Although the individual who initially supplied the data in this section was offered an opportunity to update them, the offer was declined. 131 Some departments, including Behavioral Health Services, Social Services, the County Library, and Public Health are not funded by the County but rely on other sources such as grants: Medicare and MediCal, the Mental Health Services Act, property taxes, state prison realignment funds and federal money to support the homeless or for low income housing. Obtaining these funds involves significant administrative effort to secure funding. None of these departments is flush with cash. The Department of Social Services and Behavioral Health Services have their own accounting departments. Recent improvements at the Human Resources department are very welcome to other department heads who uniformly applaud them. For example, the department now offers to mediate disputes, thus reducing tension and personality conflicts that can cause employees to depart. Human Resources views the whole Class and Compensation study process as an effort to improve employee retention. Unfortunately, the County employee vacancy rate remains at 20%.38 Some departments are income generating, such as Public Works or the Agricultural Commissioner. There is an expectation that new cannabis programs will produce abundant income to the County. It must be understood that the County’s taxes and fees do not cover the entire expense of local government. Many of its employees chase funding. The Grand Jury suggests that more thought be given to developing profit making ventures.
• CL7
  PLANNING FOR MANAGERS’ RETIREMENTS Several department heads, including elected officials, are considering retirement. Only one has definitely stated he will. In the meantime, there needs to be serious consideration given to retirement planning for department heads. Most importantly, the Grand Jury believes the County should, if it can, avoid interfering in individual department heads' efforts to groom a successor. Too often, these ‘number twos’ have been promoted to other departments, leaving his or her former boss in the lurch, having to start over training a successor. 38 Interview senior County administrator, May 20, 2020 132
• CL8
  THE COUNTY’S DEPARTMENTS ARE WELL-MANAGED Some departments, such as the Registrar of Voters, County Counsel and IT are very small with fewer than 10 full-time employees each - but they are very efficient. At the other end of the spectrum are Public Works, Behavioral Health Services, and Social Services who are relatively large departments. Social Services is the largest with 220 employees. The Grand Jury has discovered how efficient, energetic and creative the department heads are. One director, who was tired of hand-me-downs, secured a $46,000 grant to renovate her offices and replace outdated equipment. All individual department heads work with their employees to try to boost morale and employee retention, despite a lack of a general countywide set of programs or guidelines. At Public Services, which has a high number of seasonal and part-time employees, the average length of service for workers at all levels is 7.1 years. Seasonal workers usually return for up to 3 years. One worker in this department was there for 28 years. Similarly, the Probation Department has many long-term employees, upwards of 20 years in some cases, but it has trouble retaining younger workers who often move on to higher paying jobs in cities which can offer them a more robust social life. All the directors offer a variety of social activities to employees such as barbecues, holiday parties, birthday parties, baby showers and so forth. Probation Officers arrive in costume on Halloween. The Chief Probation Officer flips pancakes like an expert at department breakfasts. At Public Health they are Secret Santas and a luncheon at Christmas. Public Works hosts barbecues. The department that really stands out for its social events is Social Services, which hosts a competitive Frog Jump contest every year. Employees race frogs in a parking lot with results judged by other County officials. Unfortunately, this year’s Frog Jump was cancelled because of COVID-19. The department substituted a “team building exercise.” e.g. a picnic where it hosted employees from all its many offices around the Lake. It was an opportunity for employees to meet colleagues they know only by phone in person. 133 Directors are also actively involved in employee training and education. They pay for at least some of it or, in lieu of paying for it, they offer time off or scheduling changes. All of them, of course, provide mandatory training, such as diversity or continuing education classes required to maintain professional licenses. One director, whose department can be very technical and who believes that one learns best by teaching, assigns subjects that are new to his employees to teach their colleagues.
• CL9
  IMPLEMENTATION OF THE STUDY Once the Board of Supervisors had approved pay for non-management employees in October 2020 the changes went into effect that December. Most employees accepted the County’s offer despite feeling ambivalent about them. Many agreed because they feared retaliation, “something worse” if they did not go along with the plan. This is just one example of County employees ‘perceptions of their employer as untrustworthy, callous and indifferent.’ The Grand Jury did not understand them to be just grousing but was indicative of something more serious, possibly fear of retaliation or feeling coerced. The Grand Jury surmises that the rigidity the County has shown in handling objections to the recent raises and benefits changes may have been intended as an object lesson for all its employees--it does not pay to complain. Ironically, that concern was just what motivated many to sign off/accept the original offers. The Grand Jury believes that the County should model fairness and straight dealing with its employees. The County could do much to improve its reputation and relationships with its employees, especially in those regards.
• CL10
  CONCLUSION The Grand Jury commends Lake County for having started to address employee salaries and benefits and for its good management of County departments. It urges the Board of Supervisors and senior administrators to consider what steps they can take to avoid a repeat performance of miscommunications and delayed raises when it comes to caring for its employees who, after all, do the work that keeps the government in Lake County running efficiently. 134 The Grand Jury urges County consideration of some changes, especially to improve employees’ perceptions of, and passive acceptance of, County actions that suggest that its acceptance of the study’s recommendations were mere window dressing, not anything substantive. In most instances, the only salary relief on appeals went to managers. Such apparent cynicism and/or favoritism should not be countenanced in public service. The Grand Jury would also like to see a more cooperative and sincere stance in the County’s collective bargaining with its unions. For the Board of Supervisors, the Grand Jury recommends more day-to-day contact with employees in their workplaces and that they carefully consider the impact their actions may have on employee morale. For example, by insisting that all pay raises, not just managers’, be put before them, they did much to reassure employees. The Grand Jury is well aware how difficult the many disasters and other hurdles, including a pandemic, that have plagued this county for the past six years have been to manage. However, neglect of County employee salaries and benefits preceded and continued during all those emergencies. It is well past time for County government at all levels to tend to better employee relations. More than one department head expressed distress over the way employees were treated in the Class and Compensation process. Although employees were especially troubled by getting less pay than the study recommended, managers were more troubled by the County’s rigid refusal to accommodate reasonable requests for changes to the study recommendations. Rigid adherence to the letter of the process may have killed its spirit. Some would also have asked for more pay for all; some for more for just a few employees; but it seemed to jurors that they knew it would prove fruitless to ask. It was accepted that the so-called ‘appeals’ were window dressing, not anything substantive because the only relief went to managers. Lake County would benefit from attaining salary and benefit parity with its market. 135

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