This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
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Findings and Recommendations 30 findings
Additional Recommendations 24
These recommendations are not explicitly linked to specific findings.
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R1Page 93The Orange County Sheriff must ensure that each inmate is provided at least fifteen REPORT minutes for meal consumption. (F5.) 3
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R10Page 63Office staff will process the visitor out of the system. US Department of Justice, National Institute of Justice. Comprehensive School Safety Initiative
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R11Page 63Once the visitor has been signed out of the system, the badge must be torn thoroughly so it cannot be Report. May 2014. Accessed on March 21, 2018 (www.ncjrs.gov/pdfiles1/nij/247757.pdf) reused. 2017-2018 Orange County Grand Jury 2017-2018 Orange County Grand Jury Safer Schools – What Can We Do? Safer Schools – What Can We Do? REFERENCES APPENDICES
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R12Page 117Operational Area Fire/Law Memorandum of Understanding – Orange County Fire Authority Orange County Fire Authority Board of Directors: R1, R2, R3, R4, R5, R6, R7 (OCFA) and Orange County Sheriff’s Department. March 2016. Jointly Authored by San Anaheim City Council: R1, R6, R7 Diego Sheriff’s Department and San Diego City Fire-Rescue Department. Huntington Beach City Council: R1, R6, R7
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R13Page 65HUD Exchange, Housing First in Permanent Supportive Housing, 2014. City Council of Orange F1, F2, F4, F6, F7, F8, F9, F10 R1, R2, R4, R6, R7, R8, R9 City Council of San Clemente F1, F2, F4, F6, F7, F8, F9, F10 R1, R2, R4, R6, R7, R8, R9 14. National Alliance to End Homelessness, Housing First, April, 2016. City Council of Santa Ana F1, F2, F4, F6, F7, F8, F9, F10 R1, R2, R4, R6, R7, R8, R9 15. National Health Care for the Homeless Council, Homelessness & Health: What’s the City Council of Tustin F1, F2, F4, F6, F7, F8, F9, F10 R1, R2, R4, R6, R7, R8, R9 Connection, June, 2011.
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R14Page 63California Regional Water Quality Control Board Staff Report, Frank R. Bowerman Landfill, Orange County Board of Supervisors: Findings: F1, F2, F3, F4, F5 Order No RB-2009-0012, August 28, 2009. City of Brea City Council Findings: F1, F2, F3 15. Orange County Waste & Recycling (formerly Integrated Waste Management Department), Regional Landfill Options for Orange County (RELOOC), dated Dec. 2001. REPORT 5 16. Orange County Waste & Recycling (formerly Integrated Waste Management Department), Regional Landfill Options for Orange County (RELOOC), Update 2007, dated Nov. 2007. Recommendations:
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R15Page 117Anaheim Air Support, Standard Operation Procedure Manual, 4.42 – 4.5 – 4.5.1. July 15,
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R16Page 65Office of Community Planning and Development, Defining Chronic Homelessness: A Technical Guide for HUD Programs, September 2007. Comments to the Presiding Judge of the Superior Court in compliance with Penal Code §933.(c)
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R17Page 65Orange County Commission to End Homelessness Bylaws, January 23, 2018. are requested from:
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R18Page 65Price, Susan, 2016, An Assessment of Homeless Services in Orange County, Orange County Executive Office F5, F6 R3, R5 County Executive Office.
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R19Page 65Reaser, Lynn, PhD, 2015, Project 25: Housing the Most Frequent Users of Public Services among the Homeless, Fermanian Business & Economic Institute at PLNU. 2017-2018 Orange County Grand Jury 2017-2018 Orange County Grand Jury Where There’s Will, There’s a Way Where There’s Will, There’s a Way governing body of the public agency when applicable. This timeframe shall not exceed six
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R20Page 66Shinn, Gregory A., 2014, The Cost of Long-Term Homelessness in Central Florida, 8. “Measure H, Los Angeles County Plan to Prevent and Combat Homelessness.” Central Florida Commission on Homelessness. https://ballotpedia.org/Los_Angeles_County,_California,_Sales_Tax_for_Homeless_Services_an
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R21Page 66Snow, David A., and Goldberg, Rachel, June 2017, Homelessness in Orange County: d_Prevention,_Measure_H_(March_2017). Accessed April 27, 2018. The Costs to our Community. 9. National Law Center on Homelessness & Poverty. 2017.“Don’t Count on It: How the HUD Point-in-Time Count underestimates the Homelessness Crisis in America.” 2017. https://www.nlchp.org/documents/HUD-PIT-report2017. Accessed April 27, 2018.
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R22Page 63Orange County Waste and Recycling. “Prima Deshecha Landfill”. Accessed April 6, 2018 www.oclandfills.com/landfill/active/deshecha/ 2017-2018 Orange County Grand Jury 2017-2018 Orange County Grand Jury Orange County Landfills: Talking Trash Orange County Landfills: Talking Trash governing body of the public agency when applicable. This timeframe shall not exceed six
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R23Page 64Tita, Bob. “Recycling, Once Embraced by Businesses and Environmentalists, Now Under APPENDIX – GLOSSARY Siege.” The Wall Street Journal. May 14, 2018. Accessed May 15, 2018. http://www.msn.com/en-us/money/markets/recycling-once-embraced-by-businesses-and- environmentalists-now-under-siege/ar-AAxclAb?ocid=ientp. Hazardous Waste - Speaking in general terms, hazardous wastes are solid wastes that are toxic,
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R24Page 64Ward, Morris A. September 16, 2015. “The Principal Greenhouse Gases and Their Sources.” ignitable, reactive, or corrosive according to Chapter 11 of Division 4.5 of Title 22 of the California Code of Regulations. National Environmental Education Foundation. Accessed May 10, 2018. https://www.neefusa.org/weather-and-climate/climate-change/principal-greenhouse-gases- and-their-sources. Household Hazardous - Waste includes paint, antifreeze, used motor oil, batteries, pesticides,
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R25Page 65CalRecycle. “California State Laws and Regulations concerning Landfills and Recycling.” caustic cleaners, needles, fluorescent light bulbs, medications, and other items that may present Accessed May 16, 2016. handling problems or other hazards if they are left in the solid waste stream. www.calrecycle.ca.gov/Laws/.
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R26Page 65Source: CA Code of Regulations – Title 14 (Natural Resources) – Division 7, Section 18720 Integrated Waste Management - Managing waste by multiple techniques to achieve solid
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R27Page 65CalRecycle. “Local Government Central
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R28Page 65Staub, Colin. “China ban collides with Calif. diversion requirements.” Resource Recycling. Posted on May 15, 2018. Accessed on May 16, 2018. Municipal solid waste or MSW - "Municipal solid waste" or "MSW" means all solid wastes https://resource-recycling.com/recycling/2018/05/15/china-ban-collides-with-calif-diversion- generated by residential, commercial, and industrial sources, and all solid waste generated at requirements/ construction and demolition sites, at food-processing facilities, and at treatment works for water
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R29Page 65Orange County Executive Office Press Release, “Trash Importation Approvals Will Assure and waste water, which are collected and transported under the authorization of a jurisdiction or are self-hauled. Municipal solid waste does not include agricultural crop residues (SIC Codes Final Debt Repayment”, April 26, 2016 071 through 0724, 0751), animal manures (SIC Code 0751), mining waste and fuel extraction waste (SIC Codes 101 through 1499), forestry wastes (SIC Codes 081 through 0851, 2411 and 2421), and ash from industrial boilers, furnaces and incinerators. REPORT 5 Organic waste - "Organic waste" means solid wastes originated from living organisms and their metabolic waste products, and from petroleum, which contain naturally produced organic compounds, and which are biologically decomposable by microbial and fungal action into the constituent compounds of water, carbon dioxide, and other simpler organic compounds. Sometimes called biodegradable waste. Recycling - Using waste as material to manufacture a new product. Recycling involves altering the physical form of an object or material and making a new object from the altered material. Solid wastes - Discarded or abandoned materials. Solid wastes can be solid, liquid, semi-solid or containerized gaseous material. For regulatory purposes, hazardous waste is a subset of solid waste. Waste - Objects or materials for which no use or reuse is intended. Source: CalRecycle 2017-2018 Orange County Grand Jury 2017-2018 Orange County Grand Jury Orange County Landfills: Talking Trash Orange County Landfills: Talking Trash
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R30Orange County Sheriff’s Department Long Reach of the Law: “How Duke helps nab criminals, save citizens”. November 3, 2016. Accessed September 14, 2017. http://behingthebadgeoc.com/cities/ocsd-long-reach-law-duke
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R11-12Page 16112-13 13-14 14-15 15-16 16-17 17-18 Source: Waste Management Commission Meeting Agenda of March 8, 2018 Imported Trash The 1994 Orange County bankruptcy resulted in a fiscal emergency that required extreme measures. Accepting trash from outside Orange County and collecting associated disposal fees was selected as an additional source of revenue for the County to be used toward payment of the bankruptcy debt. In 1995, county landfills began to accept trash from Riverside, Los Angeles 2017-2018 Orange County Grand Jury noilliM $ Orange County Landfills: Talking Trash and San Bernardino counties for a fee. Currently, importation is 37% of the total annual waste in the landfills and contributes 30% of the total annual revenue. In Fiscal Year 2016-17, the County of Orange received $45.5 million from the imported trash fees. OCWR received about 25% of that money for landfill support. About 7% was retained by the County and 5% was used to compensate the host cities. The great majority, 63% or $28.7 million, was used to retire the bankruptcy bonds and to pay other bankruptcy-related expenses. The bankruptcy bonds were discharged by July 1, 2017, but the County continues to import trash and collect fees, with contracts running until 2025. Most of these fees will be used to pay the $33.3 million owed to a handful of cities, special districts and internal county accounts that elected not to be repaid out of bond proceeds. A surplus, estimated to be between $5-8 million annually, remains beyond that. TOTAL TRASH REVENUE Figure 3: Imported Trash Revenue and Tonnage 50 2 1.8 45 1.6 40 1.4 35 1.2 FISCAL YEAR Note: FY 17-18 is estimated 30 1 0.8 25 0.6 20 0.4 15 0.2 10 0
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R17-18$ Million FISCAL YEAR TOTAL TRASH REVENUE Note: FY 17-18 is estimated
Conclusions 89
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CL1The 1995 OCFA JPA agreement, requiring that all SFF funds be allocated to OCFA, did R1. Starting immediately, all three parties (the City of Irvine, OCFA, and the County of not anticipate the disproportionate property values and growth in the City of Irvine, Orange) should be included in all discussions addressing Irvine’s SFF inequity issue to resulting in the current inequity issue. reach a mutually satisfactory interim agreement to avoid Irvine’s withdrawal from
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CL2The imminent deadline of June 30, 2018, for members to notify OCFA of intent to OCFA. (F1, F2, F3, F4) withdraw leaves insufficient time to finalize a mutually agreeable plan to resolve the R2. Prior to June 30, 2018, the City of Irvine should adopt a contingency plan to ensure inequity issue. uninterrupted fire and emergency services in the event of the City’s intended withdrawal
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CL3The bilateral discussions between Irvine and OCFA, without the County’s involvement, from OCFA. (F2, F6) have not resolved the inequity concerns and cannot resolve them without joint R3. By June 1, 2018, OCFA and the County of Orange should provisionally define the discussions and mutual agreement among all principal parties. disposition of a member’s SFF contributions in the event of that member’s withdrawal.
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CL4The disagreement between Irvine and the County regarding the application of Tax Equity (F5) Allocation (TEA) funds complicates the resolution of the inequity issue. R4. By June 1, 2018, OCFA and the City of Irvine should resolve ownership of the Division 2
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CL5In the event of a Structural Fire Fund (SFF) member’s withdrawal from OCFA, the JPA fire stations and associated equipment located in the City of Irvine. (F6) agreement does not clearly address the disposition of that member’s SFF contributions, R5. By June 1, 2018, OCFA should provisionally define the disposition of a member’s share which may result in litigation. of OCFA unfunded liabilities in the event of that member’s withdrawal. (F7)
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CL6In the event of Irvine’s withdrawal from OCFA, the conflicting positions between the R6. All parties should commit to revisiting the JPA agreement with the goal of resolving City and OCFA regarding ownership of fire stations and equipment located in Irvine may outstanding issues prior to the 2030 expiration of the JPA. (F1, F5, F6, F7) result in litigation.
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CL7In the event of a member’s withdrawal from OCFA, the JPA agreement does not define the disposition of that member’s share of OCFA’s unfunded liabilities, which may result in litigation. 2017-2018 Orange County Grand Jury Page 23 2017-2018 Orange County Grand Jury Page 24 ORANGE COUNTY FIRE AUTHORITY – FINANCIAL FLAMES ON THE HORIZON? ORANGE COUNTY FIRE AUTHORITY – FINANCIAL FLAMES ON THE HORIZON? FINDINGS RECOMMENDATIONS REPORT In accordance with California Penal Code §933 and §933.05, the 2017-2018 Grand Jury requires In accordance with California Penal Code §933 and §933.05, the 2017-2018 Grand Jury requires 1 responses from each agency affected by the findings presented in this section. The responses are (or, as noted, requests) responses from each agency affected by the recommendations presented to be submitted to the Presiding Judge of the Superior Court of California, County of Orange. in this section. The responses are to be submitted to the Presiding Judge of the Superior Court of California, County of Orange. Based on its investigation titled “Orange County Fire Authority – Financial Flames on the Horizon?” the 2017-2018 Orange County Grand Jury has arrived at seven principal findings, as Based on its investigation titled “Orange County Fire Authority – Financial Flames on the follows: Horizon?” the 2017-2018 Orange County Grand Jury makes the following six recommendations:
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CL8Several nearby counties have gained efficiencies by successfully consolidating their sheriffs' and fire agencies’ air support units into one organization within each county. Based on its investigation titled “Competition or Collaboration – Orange County’s Public Agency Helicopters,” the 2017-2018 Orange County Grand Jury makes the following seven
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CL9The Orange County Correctional Health Services’ performance is not accredited by inmate’s medical condition. (F1, F2) any peer review agency; consequently, it lacks the benefits of accreditation as a process improvement tool.
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CL10Orange County Fire Authority, Agenda Staff Report FY2014/15 Mid-year Financial Report
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CL11Final Equity Share Calculation Simplified Option 2A-One Region Updated FY 2010/2011 Taxes, 3 FY Average Use, AV, POP, December 11, 2017
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CL12Orange County Fire Authority, Land and Buildings in the City of Irvine, April 2013 2017-2018 Orange County Grand Jury Page 27 2017-2018 Orange County Grand Jury Page 28 ORANGE COUNTY FIRE AUTHORITY – FINANCIAL FLAMES ON THE HORIZON? ORANGE COUNTY FIRE AUTHORITY – FINANCIAL FLAMES ON THE HORIZON?
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CL13Orange County Fire Authority, Allocations to Structural Fire Fund Entitlement Fund 5. Orange County Fire Authority Service Area, accessed August 8, 2017 REPORT FY 2010/11 – FY 2016/17 http://www.ocfa.org/AboutUs/Departments/Operations.aspx 1
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CL14Orange County Fire Authority, FY2017/18 OCFA Adopted Budget, 78
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CL15Orange County Auditor-Controller Property Tax Section, Tax Equity Allocation July 3, 2017 Explanation, January 2, 2018 http://alcl.assembly.ca.gov/sites/alcl.assembly.ca.gov/files/SB%20302%20analysis.pdf
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CL16Orange County Fire Authority, 2016 Statistical Annual Report
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CL17County of Orange Health Care Agency, Solid Waste Facility Permit (for Prima Deshecha Landfill) Facility Number: 30-AB-0019, November 8 2016.
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CL18Cooperative Agreement between the City of Brea and the County of Orange regarding Olinda Alpha Landfill dated July 2009.
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CL19Orange County Waste and Recycling. “Prima Deshecha Landfill”. Accessed April 6, 2018 www.oclandfills.com/landfill/active/deshecha/ 2017-2018 Orange County Grand Jury Page 22 2017-2018 Orange County Grand Jury Page 23 Orange County Landfills: Talking Trash Orange County Landfills: Talking Trash governing body of the public agency when applicable. This timeframe shall not exceed six REFERENCES months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. 1. Center for Demographic Research, 2017 Orange County Progress Report. (c) However, if a finding or recommendation of the Grand Jury addresses budgetary or 2. Orange County Waste & Recycling, Strategic Plan, November 22, 2016. personnel matters of a county agency or department headed by an elected officer, both the 3. Orange County Waste & Recycling, Waste Importation Overview and Analysis, Waste agency or department head and the board of supervisors shall respond if requested by the grand Management Commission Meeting, March 13, 2014 jury, but the response of the board of supervisors shall address only those budgetary or 4. Orange County Waste Management Commission, Meeting Agenda, March 8, 2018. personnel matters over which it has some decision-making authority. The response of the 5. Orange County Waste Management Commission, Agenda Item 2, Attachment 2, March 8, elected agency or department head shall address all aspects of the findings or recommendations 2018. affecting his or her agency or department.” 6. Orange County Waste Management Commission, Meeting Agenda, December 14, 2017.
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CL20Tita, Bob. “Recycling, Once Embraced by Businesses and Environmentalists, Now Under APPENDIX – GLOSSARY Siege.” The Wall Street Journal. May 14, 2018. Accessed May 15, 2018. http://www.msn.com/en-us/money/markets/recycling-once-embraced-by-businesses-and- environmentalists-now-under-siege/ar-AAxclAb?ocid=ientp. Hazardous Waste - Speaking in general terms, hazardous wastes are solid wastes that are toxic,
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CL21Ward, Morris A. September 16, 2015. “The Principal Greenhouse Gases and Their Sources.” ignitable, reactive, or corrosive according to Chapter 11 of Division 4.5 of Title 22 of the California Code of Regulations. National Environmental Education Foundation. Accessed May 10, 2018. https://www.neefusa.org/weather-and-climate/climate-change/principal-greenhouse-gases- and-their-sources. Household Hazardous - Waste includes paint, antifreeze, used motor oil, batteries, pesticides,
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CL22CalRecycle. “California State Laws and Regulations concerning Landfills and Recycling.” caustic cleaners, needles, fluorescent light bulbs, medications, and other items that may present Accessed May 16, 2016. handling problems or other hazards if they are left in the solid waste stream. www.calrecycle.ca.gov/Laws/.
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CL23Source: CA Code of Regulations – Title 14 (Natural Resources) – Division 7, Section 18720 Integrated Waste Management - Managing waste by multiple techniques to achieve solid
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CL24CalRecycle. “Local Government Central Glossary of Terms.” Accessed May 16, 2018. waste and resource conservation goals. The techniques may include waste reduction, reuse, http://www.calrecycle.ca.gov/lgcentral/Glossary/default.htm#lo recycling, composting, transformation, disposal to landfills, and other means.
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CL25Staub, Colin. “China ban collides with Calif. diversion requirements.” Resource Recycling. Posted on May 15, 2018. Accessed on May 16, 2018. Municipal solid waste or MSW - "Municipal solid waste" or "MSW" means all solid wastes https://resource-recycling.com/recycling/2018/05/15/china-ban-collides-with-calif-diversion- generated by residential, commercial, and industrial sources, and all solid waste generated at requirements/ construction and demolition sites, at food-processing facilities, and at treatment works for water
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CL26Orange County Executive Office Press Release, “Trash Importation Approvals Will Assure and waste water, which are collected and transported under the authorization of a jurisdiction or are self-hauled. Municipal solid waste does not include agricultural crop residues (SIC Codes Final Debt Repayment”, April 26, 2016 071 through 0724, 0751), animal manures (SIC Code 0751), mining waste and fuel extraction waste (SIC Codes 101 through 1499), forestry wastes (SIC Codes 081 through 0851, 2411 and 2421), and ash from industrial boilers, furnaces and incinerators. REPORT 5 Organic waste - "Organic waste" means solid wastes originated from living organisms and their metabolic waste products, and from petroleum, which contain naturally produced organic compounds, and which are biologically decomposable by microbial and fungal action into the constituent compounds of water, carbon dioxide, and other simpler organic compounds. Sometimes called biodegradable waste. Recycling - Using waste as material to manufacture a new product. Recycling involves altering the physical form of an object or material and making a new object from the altered material. Solid wastes - Discarded or abandoned materials. Solid wastes can be solid, liquid, semi-solid or containerized gaseous material. For regulatory purposes, hazardous waste is a subset of solid waste. Waste - Objects or materials for which no use or reuse is intended. Source: CalRecycle 2017-2018 Orange County Grand Jury Page 24 2017-2018 Orange County Grand Jury Page 25 Orange County Landfills: Talking Trash Orange County Landfills: Talking Trash
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CL27Amended Orange County Fire Authority Joint Powers Authority Agreement, Orange County Fire Authority Board of Directors: Recommendations: R1, R3, R4, R5, R6 September 23, 1999
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CL28First Amendment to Amended Joint Powers Authority Agreement Orange County Fire Authority, July 1, 2010
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CL29Second Amendment to Amended Orange County Fire Authority Joint Powers Agreement, December 9, 2013
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CL30Third Amendment to Amended Joint Powers Authority Agreement Orange County Fire Authority, October 2, 2015
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CL31Court of Appeal of the State of California Fourth Appellate District Division Three, Orange County Fire Authority et al. v. County of Orange, G050687, Opinion, March 15, 2016
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CL32California State Senate Bill 302, Chapter 807, October 14, 2017
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CL33City of Irvine, FY 2016-17 Adopted Budget, 72
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CL34City of Irvine, Budget Revenues General Fund 2013-14 to 2017-18
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CL35Orange County Fire Authority Agenda Staff Report, 2016 Long Term Liability Study & Expedited Pension Payment Plan, November 17, 2016
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CL36Orange County Fire Authority Agenda Staff Report, 2017 Long Term Liability Study & Accelerated Pension Paydown Plan, October 26, 2017
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CL37Orange County Fire Authority, OCFA 2017 Liability Study-OCFA’s Long Term Liabilities, 6,12
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CL38Campus Safety and Security Audit Toolkit prepared by The Texas School Safety Center School Climate and Culture F.1. School safety and security are priorities in every school district in the Orange County
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CL39The Homeland Security K-12 School Security Practice public school system.
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CL40Active Shooter Threat Assessment Checklist: K-12 Education Facilities prepared by F.2. The implementation of security measures for schools, in many cases, is limited by Campus Safety Magazine REPORT funding. 2
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CL41Guide for Preventing and Responding to School Violence, 2nd Edition, International Association of Chiefs of Police and Bureau of Justice Assistance, U.S. Department of F.3. Many Orange County school campuses were constructed to reflect an “open and inviting” Justice (2009). atmosphere but are now faced with physical and philosophical security issues that challenge this thinking.
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CL42Any person who is not a student or staff shall register at the main office immediately upon entering any (https://www.rand.org/pubs/research_reports/RR1488.html) school building or grounds when school is in session. No visitor is permitted to enter the school via any other entrance. Exceptions to this rule can be made by the Principal during supervised times for special school events (i.e., award ceremonies, musical performances, jog-a-thons, promotion ceremonies, etc.) Department of Justice - Bureau of Justice Assistance, Guide for Preventing and Responding to School Violence, 2nd Edition. NCJ 228960, 2009. 2. All visitors must state the purpose of their visit and who has invited them.
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CL43All volunteers may use the kiosk system to scan identification which in turn will issue a badge with the School La Palma District volunteer’s destination. If a kiosk system is not available, the volunteer will produce photo identification, Stanton sign in to the volunteer log, and be issued a badge with the current date and the volunteer’s destination. Brea Olinda
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CL44All visitors may use the kiosk system to scan identification which in turn will issue a badge with the visitor’s destination. If a kiosk system is not available, the visitor will produce formal photo identification, (state-issued ID), sign in to the visitor log, and be issued a badge with the current date and the visitor’s US Department of Homeland Security, K-12 School Security Checklist, April 2013. Accessed destination. March 21, 2018 (https://www.illinois.gov/ready/sitecollectiondocuments/ k-12schoolsecuritypracticeschecklist.pdf) The staff member will keep the individual’s identification card in plain view. The identification card will immediately be returned to the visitor when the badge is handed to them. At no time will a visitor’s identification card be kept by the attendant. US Department of Education, National Center for Education Statistics. Indicators of School
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CL45If the visitor does not have acceptable identification, the Principal will be called to assess the situation. Crime and Safety: 2016. NCES 2017-064, 2017.
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CL46The office will provide an identification badge or sticker for all visitors. The badge or sticker must be visible and is to be worn at all times by the visitor throughout their visit.
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CL47Visitors will be escorted to their destination or their campus contact person will be asked to come to the CNN, US School Violence Fast Facts. Accessed on March 21, 2018 main office to receive the visitor. The contact will then be responsible for them while they are on site. (https://www.cnn.com/2013/09/19/us/u-s-school-violence-fast-facts)
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CL48The visitor must not be allowed to move about the site unsupervised. The Principal on select occasions may employ other procedures to ensure visitors are monitored when traveling to their point of destination. Hanover Research, School Fencing: Benefits and Disadvantages. 2013. Accessed on March 21, 8. On departing the school, visitors must leave via the main office. 2018 (www.ssca.org/Resources/Documents.pdf) 9. A member of the staff must escort the visitor to the main office or call the main office and alert them that the visitor is on their way.
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CL49Office staff will process the visitor out of the system. US Department of Justice, National Institute of Justice. Comprehensive School Safety Initiative
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CL50Once the visitor has been signed out of the system, the badge must be torn thoroughly so it cannot be Report. May 2014. Accessed on March 21, 2018 (www.ncjrs.gov/pdfiles1/nij/247757.pdf) reused. 2017-2018 Orange County Grand Jury Page 25 2017-2018 Orange County Grand Jury Page 26 Safer Schools – What Can We Do? Safer Schools – What Can We Do? REFERENCES APPENDICES Appendix A: Example of Campus Visitor/Volunteer Management Process Fennely, Lawrence J. and Perry, Marianna. The Handbook for School Safety and Security. Butterworth-Heinemann, August 2014. Campus Safety and Security Audit Toolkit. Texas School Safety Center, Texas State University, General Procedures – Visitors
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CL51Under the direction of the Board of Supervisors, the County should consider forming an subject of Board of Supervisor (BOS) meetings, and has generated public concern. ongoing regional council in collaboration with all city and county public agency air units, Subsequently, the BOS passed a resolution that, in accordance with the California Office of such as an Orange County air operations safety council, tasked with addressing these issues. Emergency Services model, the OCSD shall be the lead agency for remote/wild-lands SAR, with OCFA remaining as lead agency for urban SAR. Despite this action and a long process of
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CL52OCSD and OCFA move forward with implementing the Board of Supervisors’ resolution mediation, at times both OCFA and OCSD continue to jockey and compete for to remote/off- identifying OCSD as the lead agency for wilderness, remote/off-road Search and Rescue. road SAR activities creating the potential for dangerous consequences. Consistent with its role as the County’s civil watchdog, the Grand Jury determined that these conditions should be
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CL53OCSD evaluate the potential cost and operational benefits of relocating its Air Unit to the investigated. OCFA Air Support facilities at Fullerton Airport, where the county’s public agency aviation units can leverage each other’s resources, reduce operating costs and forge improved METHOD OF STUDY collaborative working relationships. REPORT 4. OCFA, in collaboration with the OCSD, should identify and implement methods for its The Grand Jury conducted over twenty-five interviews with personnel at OCFA, OCSD, the Air 7 paramedics to operate jointly with the OCSD Air Support Unit to the maximum extent Units of Anaheim and Huntington Beach Police Departments, and the local California Highway practical. (OCFA paramedics often have greater and more current experience.) Patrol (CHP). Interviews with the five agencies included current and former key personnel. Dozens of incident reports and inter-agency complaints, and many hours of video and audio tapes were reviewed. Six different air support facilities were visited. The Grand Jury reviewed 2017-2018 Orange County Grand Jury Page 3 2017-2018 Orange County Grand Jury Page 4 Competition or Collaboration – Orange County’s Public Agency Helicopters Competition or Collaboration – Orange County’s Public Agency Helicopters SUMMARY 5. Ultimately, the county’s public agency aviation units should evaluate the potential benefits of centralizing into one aviation support organization led by an experienced aviator-manager, in There have been numerous incidents in the recent past in which air support units from the order to maximize safety and effectiveness and reduce unnecessary costs. Sheriff’s Department and Fire Authority have responded to the same Search and Rescue (SAR) events with multiple helicopters. This duplication of effort poses potential safety risks, as both agencies often act independently and without coordination to execute SARs. Moreover, the Orange County Sheriff’s Department (OCSD) and the Orange County Fire Authority (OCFA) do REASON FOR THE STUDY not consistently adhere to uniform communications and safety protocols when interacting during these SARs. Aircraft operating in close proximity, often without proper communications, pose a major safety risk. Safety and other concerns become magnified when multiple county and city Over the past two years there have been numerous incidents of both OCFA and OCSD agency helicopters operate in the narrow altitude corridor between 600 and 1200 feet. Public responding to SAR events with helicopter units that have, to varying degrees, interfered with safety demands that this situation - competition versus collaboration - be immediately rectified. each other. Some of these incidents resulted in allegations that the aircraft operated too closely to one another without using proper communications, at times impairing safe operations. This After conducting an investigation into this matter, the Grand Jury recommends that: lack of coordination and communication has fostered negative media attention, has been the
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CL54OCFA, in collaboration with the OCSD, should identify and implement methods for its The Grand Jury conducted over twenty-five interviews with personnel at OCFA, OCSD, the Air REPORT 7 paramedics to operate jointly with the OCSD Air Support Unit to the maximum extent Units of Anaheim and Huntington Beach Police Departments, and the local California Highway practical. (OCFA paramedics often have greater and more current experience.) Patrol (CHP). Interviews with the five agencies included current and former key personnel. Dozens of incident reports and inter-agency complaints, and many hours of video and audio tapes were reviewed. Six different air support facilities were visited. The Grand Jury reviewed 2017-2018 Orange County Grand Jury Page 3 2017-2018 Orange County Grand Jury Page 4 Competition or Collaboration – Orange County’s Public Agency Helicopters Competition or Collaboration – Orange County’s Public Agency Helicopters local news coverage and online commentaries regarding helicopter SAR events in Orange ready rooms. The OCSD facility is adequate, although not as well-equipped as OCFA’s Fullerton County. In addition, the Grand Jury visited and interviewed San Diego County’s air support hangar to support as wide a range of specialized rescues. unit, interviewed San Bernardino County Aviation Division, and also reviewed CAL FIRE While any of the public agencies operating helicopters in Orange County can provide various documentation. types and degrees of assistance to those in need, OCFA and OCSD are the primary agencies that The Grand Jury examined OCFA and OCSD Air Support Units’ pertinent operational, financial, conduct SARs within the County. There are two main types of aerial SARs in Orange and other documents. The Grand Jury reviewed applicable Federal Aviation Administration County: remote/off-road and urban. Remote/off-road SARs involve locations in wilderness and (FAA) regulations and California State Office of Emergency Services (Cal OES) documents. geographically hard to reach areas, while urban SARs occur in areas accessible by road. An Members of the Grand Jury also participated in various air support unit missions as observers. aerial SAR event may consist of just a search or a search and rescue where someone is provided assistance from the helicopter. In 2017, OCFA and OCSD air units altogether responded to over 220 remote/off-road SAR events. BACKGROUND AND FACTS Orange County has four public agency aviation units. These air support units reside within the Staffing and Operations Orange County Fire Authority (OCFA), the Orange County Sheriff’s Department (OCSD), the Anaheim Police Department, and the Huntington Beach Police Department. Collectively, these Helicopter operations are limited by weather conditions and the availability of aircraft and four agencies operate fifteen helicopters and one fixed wing airplane, providing aerial law qualified crews. Helicopters are maintenance-intensive aircraft; typically, in order to have two enforcement, rescue, and firefighting services. In addition, a regional CHP Air Unit with three aircraft ready for use, at least a third aircraft is needed to allow for routine and emergency helicopters is based in Orange County. This report focuses primarily on the OCSD and OCFA air maintenance. Pilots are limited by FAA regulations and other rules regarding the amount of support units and their operations involving remote/off-road SAR. flying time per shift and per day, and must be qualified for certain missions. OCFA has operated air support units since its formation in 1995. The four-helicopter OCFA unit There are significant differences in the capabilities and operational characteristics of the aircraft is based at Fullerton Airport in a large, well-kept hangar complex with extensive aircraft operated by each agency. OCFA’s primary aircraft have dual engines with an autopilot feature, maintenance facilities. They have a wide spectrum of equipment for specialized rescues. The making it easier to fly with their one pilot staffing model. OCSD uses single-engine aircraft that OCFA Fullerton Airport complex also includes a helicopter rescue training simulator with a do not have the autopilot feature, but which fly with two qualified pilots (one assuming the role tower structure, helicopter shell, and hoist to practice lowering and retrieving personnel. OCFA of Tactical Flight Officer - TFO) using dual controls. owns the hangar and office building complex, leasing out a large hangar area to private entities. REPORT 7 The OCSD has operated air support units since 1985. The five well-equipped helicopters are currently based in a leased hangar facility at John Wayne Airport. The OCSD Air Support Unit is located in a modest hangar and office complex with maintenance equipment and conference and 2017-2018 Orange County Grand Jury Page 5 2017-2018 Orange County Grand Jury Page 6 Competition or Collaboration – Orange County’s Public Agency Helicopters Competition or Collaboration – Orange County’s Public Agency Helicopters local news coverage and online commentaries regarding helicopter SAR events in Orange ready rooms. The OCSD facility is adequate, although not as well-equipped as OCFA’s Fullerton County. In addition, the Grand Jury visited and interviewed San Diego County’s air support hangar to support as wide a range of specialized rescues. unit, interviewed San Bernardino County Aviation Division, and also reviewed CAL FIRE While any of the public agencies operating helicopters in Orange County can provide various documentation. types and degrees of assistance to those in need, OCFA and OCSD are the primary agencies that The Grand Jury examined OCFA and OCSD Air Support Units’ pertinent operational, financial, conduct SARs within the County. There are two main types of aerial SARs in Orange and other documents. The Grand Jury reviewed applicable Federal Aviation Administration County: remote/off-road and urban. Remote/off-road SARs involve locations in wilderness and (FAA) regulations and California State Office of Emergency Services (Cal OES) documents. geographically hard to reach areas, while urban SARs occur in areas accessible by road. An Members of the Grand Jury also participated in various air support unit missions as observers. aerial SAR event may consist of just a search or a search and rescue where someone is provided assistance from the helicopter. In 2017, OCFA and OCSD air units altogether responded to over 220 remote/off-road SAR events. BACKGROUND AND FACTS Orange County has four public agency aviation units. These air support units reside within the Staffing and Operations Orange County Fire Authority (OCFA), the Orange County Sheriff’s Department (OCSD), the Anaheim Police Department, and the Huntington Beach Police Department. Collectively, these Helicopter operations are limited by weather conditions and the availability of aircraft and four agencies operate fifteen helicopters and one fixed wing airplane, providing aerial law qualified crews. Helicopters are maintenance-intensive aircraft; typically, in order to have two enforcement, rescue, and firefighting services. In addition, a regional CHP Air Unit with three aircraft ready for use, at least a third aircraft is needed to allow for routine and emergency helicopters is based in Orange County. This report focuses primarily on the OCSD and OCFA air maintenance. Pilots are limited by FAA regulations and other rules regarding the amount of support units and their operations involving remote/off-road SAR. flying time per shift and per day, and must be qualified for certain missions. OCFA has operated air support units since its formation in 1995. The four-helicopter OCFA unit There are significant differences in the capabilities and operational characteristics of the aircraft is based at Fullerton Airport in a large, well-kept hangar complex with extensive aircraft operated by each agency. OCFA’s primary aircraft have dual engines with an autopilot feature, maintenance facilities. They have a wide spectrum of equipment for specialized rescues. The making it easier to fly with their one pilot staffing model. OCSD uses single-engine aircraft that OCFA Fullerton Airport complex also includes a helicopter rescue training simulator with a do not have the autopilot feature, but which fly with two qualified pilots (one assuming the role tower structure, helicopter shell, and hoist to practice lowering and retrieving personnel. OCFA of Tactical Flight Officer - TFO) using dual controls. owns the hangar and office building complex, leasing out a large hangar area to private entities. REPORT 7 The OCSD has operated air support units since 1985. The five well-equipped helicopters are currently based in a leased hangar facility at John Wayne Airport. The OCSD Air Support Unit is located in a modest hangar and office complex with maintenance equipment and conference and 2017-2018 Orange County Grand Jury Page 5 2017-2018 Orange County Grand Jury Page 6 Competition or Collaboration – Orange County’s Public Agency Helicopters Competition or Collaboration – Orange County’s Public Agency Helicopters OCSD Helicopter Operations with one pilot, a crew chief, and a paramedic 24 hours a day, seven days a week. If a second mission is required during a shift, an off-duty pilot must be called in, which may cause a OCSD operates five helicopters: two are used mainly for two-person patrols and three are used significant delay. OCFA regulations restrict a pilot to seven hours flying time per day. as rescue and firefighting helicopters, with space for a stretcher and a medic. To staff this fleet, OCFA response times may be somewhat longer than those of OCSD. Since OCFA does not they have 19 qualified pilots composed of both full-time Sheriff’s Deputies and part-time trained have a helicopter constantly in the air, the unit response requires starting the helicopter, obtaining and qualified volunteers. In the past several years, OCSD has developed an extensive air traffic control clearance for takeoff, and proceeding to the vicinity of the SAR event. These volunteer/Public Safety Reserve (PSR) program for both pilot and crew to support the increased steps can be accomplished relatively quickly when the unit is prepped and on-call. When a size and complexity of their air unit. All personnel, including volunteers, complete training remote/off-road SAR event occurs, OCFA also dispatches a set of ground units to the nearest through the Sheriff’s academy. The use of these volunteers adds flexibility and lowers labor road-accessible area in the vicinity as additional support. costs compared to using only full-time employees. With this large pool of pilots and crew, OCSD can routinely support two helicopters in the air or at the ready close to 24 hours a day, Table 1: Comparison of OCSD and OCFA Helicopter Operations seven days a week. One, and often two, OCSD helicopters are patrolling over Orange County at Capability/Asset OCSD OCFA least 16 hours a day, seven days a week. The use of volunteers to supplement air support units is Helicopters 5 4 common in many California county law enforcement and fire agencies. Full-Time Pilots 9 4 Reserve Pilots 14 0 OCSD routinely staffs both a patrol and rescue helicopter. Unlike OCFA units, they are equipped Minimum daily helicopter staffing 1 Patrol 24 hr. 1 on duty 24 with high resolution magnification and infrared camera capability, which is very useful in a 1 Rescue hr. variety of SAR and patrol scenarios. The OCSD rescue aircraft is stationed on the ground, 6:00am-8:00 pm. staffed and ready for takeoff, and is normally available from 6:00 a.m. to 8:00 p.m. The OCSD Number of helicopters required for rescue mission 1 or 2 1 patrol helicopter is usually airborne and, when called for an SAR event, can arrive at the scene Paramedic 24 hour constant staffing Yes Yes very quickly. The patrol crew is trained in basic first aid and, if necessary, can land the helicopter Number of medical personnel on rescue helicopter 1 or 2 1 or 2 to render assistance to a victim. When an Emergency Medical Technician EMT/Paramedic is on board, more serious injuries can be treated; but if the victim is in an inaccessible spot, a two- Search capability w/ high mag & infrared camera Yes No person crew cannot lower a rescuer. If a hoist rescue is necessary, the patrol unit moves to a Continuous flight w/o refuel Patrol 3.5 hrs. higher altitude, awaiting the OCSD rescue helicopter’s arrival. Rescue 2.0 hrs. 2.0 hrs. Twin Engine Helicopters 0 2 REPORT 7 Single Engine Helicopters 5 2 OCFA Helicopter Operations Instrument Flight Certified Pilots 15 2 24 Hour Firefighting and Hoist Rescue Operations Yes Yes OCFA uses only civilian pilots, who do not go through the fire academy. They have four full- Source: Data from OCSD and OCFA time pilots, and rely upon extensive overtime to meet staffing needs. OCFA is routinely staffed 2017-2018 Orange County Grand Jury Page 7 2017-2018 Orange County Grand Jury Page 8 Competition or Collaboration – Orange County’s Public Agency Helicopters Competition or Collaboration – Orange County’s Public Agency Helicopters OCSD Helicopter Operations with one pilot, a crew chief, and a paramedic 24 hours a day, seven days a week. If a second mission is required during a shift, an off-duty pilot must be called in, which may cause a OCSD operates five helicopters: two are used mainly for two-person patrols and three are used significant delay. OCFA regulations restrict a pilot to seven hours flying time per day. as rescue and firefighting helicopters, with space for a stretcher and a medic. To staff this fleet, OCFA response times may be somewhat longer than those of OCSD. Since OCFA does not they have 19 qualified pilots composed of both full-time Sheriff’s Deputies and part-time trained have a helicopter constantly in the air, the unit response requires starting the helicopter, obtaining and qualified volunteers. In the past several years, OCSD has developed an extensive air traffic control clearance for takeoff, and proceeding to the vicinity of the SAR event. These volunteer/Public Safety Reserve (PSR) program for both pilot and crew to support the increased steps can be accomplished relatively quickly when the unit is prepped and on-call. When a size and complexity of their air unit. All personnel, including volunteers, complete training remote/off-road SAR event occurs, OCFA also dispatches a set of ground units to the nearest through the Sheriff’s academy. The use of these volunteers adds flexibility and lowers labor road-accessible area in the vicinity as additional support. costs compared to using only full-time employees. With this large pool of pilots and crew, OCSD can routinely support two helicopters in the air or at the ready close to 24 hours a day, Table 1: Comparison of OCSD and OCFA Helicopter Operations seven days a week. One, and often two, OCSD helicopters are patrolling over Orange County at Capability/Asset OCSD OCFA least 16 hours a day, seven days a week. The use of volunteers to supplement air support units is Helicopters 5 4 common in many California county law enforcement and fire agencies. Full-Time Pilots 9 4 Reserve Pilots 14 0 OCSD routinely staffs both a patrol and rescue helicopter. Unlike OCFA units, they are equipped Minimum daily helicopter staffing 1 Patrol 24 hr. 1 on duty 24 with high resolution magnification and infrared camera capability, which is very useful in a 1 Rescue hr. variety of SAR and patrol scenarios. The OCSD rescue aircraft is stationed on the ground, 6:00am-8:00 pm. staffed and ready for takeoff, and is normally available from 6:00 a.m. to 8:00 p.m. The OCSD Number of helicopters required for rescue mission 1 or 2 1 patrol helicopter is usually airborne and, when called for an SAR event, can arrive at the scene Paramedic 24 hour constant staffing Yes Yes very quickly. The patrol crew is trained in basic first aid and, if necessary, can land the helicopter Number of medical personnel on rescue helicopter 1 or 2 1 or 2 to render assistance to a victim. When an Emergency Medical Technician EMT/Paramedic is on board, more serious injuries can be treated; but if the victim is in an inaccessible spot, a two- Search capability w/ high mag & infrared camera Yes No person crew cannot lower a rescuer. If a hoist rescue is necessary, the patrol unit moves to a Continuous flight w/o refuel Patrol 3.5 hrs. higher altitude, awaiting the OCSD rescue helicopter’s arrival. Rescue 2.0 hrs. 2.0 hrs. Twin Engine Helicopters 0 2 REPORT Single Engine Helicopters 5 2 7 OCFA Helicopter Operations Instrument Flight Certified Pilots 15 2 24 Hour Firefighting and Hoist Rescue Operations Yes Yes OCFA uses only civilian pilots, who do not go through the fire academy. They have four full- Source: Data from OCSD and OCFA time pilots, and rely upon extensive overtime to meet staffing needs. OCFA is routinely staffed 2017-2018 Orange County Grand Jury Page 7 2017-2018 Orange County Grand Jury Page 8 Competition or Collaboration – Orange County’s Public Agency Helicopters Competition or Collaboration – Orange County’s Public Agency Helicopters minutes or records. Attendance was inconsistent, and the meetings lacked management oversight. A result of these meetings was a Memorandum of Understanding (MOU) entitled Section Summary – Staffing and Operations Orange County Public Safety Aviation Unit Multi-Aircraft Coordination Guidelines (see OCSD’s larger fleet and crew provide two helicopters, 16 hours per day, with two pilots on board Appendix 1). This MOU standardized communications procedures and frequencies with the each helicopter (routinely one patrol and one rescue helicopter). The OCFA staffs one helicopter, intent of enhancing flight safety. OCFA was invited to participate, but attended only one 24 hours per day, with one pilot on duty. meeting and was the only air support unit not to sign the MOU. OCSD believed that a prior MOU between OCFA and OCSD regarding air support units required modification after OCSD obtained the new rescue hoists. Despite many months of Helicopter SAR Controversy discussions to revise the MOU, the two agencies could not reach an agreement. In 2017, they entered into a formal mediation effort with a retired judge to reach an agreement on conducting A 2010-2011 Grand Jury Report criticized the OCSD for delaying simple rescues because, even SARs in off-road and wilderness areas. These mediation efforts included hiring outside experts. after finding the emergency location, its helicopters lacked hoists and could not lower medics or The mediation effort lasted several months, again without resolution. lift victims. As a result, in 2016 OCSD added hoists to some helicopters; now both agencies have A general concern arose that OCSD and OCFA helicopters were racing against each other, often the basic equipment to perform all SAR functions. SAR calls are routed to the Orange County without proper communication, and operating in dangerous proximity, thereby jeopardizing Emergency Communications Bureau (ECB), managed by the Sheriff’s Department, or to the flight safety. The BOS, in an effort to end the remote/off road SAR controversy, passed a closest city dispatch center, depending on event location. Theoretically, whichever agency is resolution in August 2017 affirming that OCSD will be the primary responder to off- closest or has the quickest response time handles the call. OCFA claims that the Sheriff’s road/remote SARs. This resolution follows the California Office of Emergency Services model. Department, the lead agency at the ECB, usually gets the first call rather than the ECB assessing However, OCFA officials stated they will continue to consider themselves the primary which agency is best situated to support the call. responders to all SARs regardless of the BOS resolution. The Grand Jury believes this situation Since OCFA had previously performed nearly all remote/off-road SARs, OCFA considered such will lead to future safety issues, higher taxpayer costs, unnecessary conflict, and the potential for rescues their responsibility. However, once OCSD added hoists and became fully rescue liability or litigation. capable, ECB dispatch increasingly assigned remote/off-road SAR calls to OCSD. OCFA air Compounding the safety issue of this race to the rescue, air-to-air communication has frequently units continued to monitor all calls and respond as well. Since OCSD is already patrolling in the been inconsistent and improper. Individuals knowledgeable in air operations in Orange County air when the call comes in, its aerial unit usually arrives on the scene first. The OCFA helicopter have alleged that, on occasion, OCFA failed to respond on established air-to-air radio then arrives, and sometimes an “aerial dance” ensues – at times with a total of three helicopters: REPORT frequencies. This claim is supported by documented evidence. Other knowledgeable individuals 7 the OCFA unit and the OCSD patrol and rescue units. claim that OCSD sometimes fails to properly utilize the OCFA Incident Response System for In 2015, in recognition of the need for flight safety communications and coordination, the public communications and coordination. This is also supported by documented evidence agency air support units within Orange County (including CHP) held several meetings to discuss When both agencies race to every remote/off-road SAR event, multiple problems occur: these common interests. These meetings were held on an ad hoc basis and had no written 2017-2018 Orange County Grand Jury Page 9 2017-2018 Orange County Grand Jury Page 10 Competition or Collaboration – Orange County’s Public Agency Helicopters Competition or Collaboration – Orange County’s Public Agency Helicopters minutes or records. Attendance was inconsistent, and the meetings lacked management oversight. A result of these meetings was a Memorandum of Understanding (MOU) entitled Section Summary – Staffing and Operations Orange County Public Safety Aviation Unit Multi-Aircraft Coordination Guidelines (see OCSD’s larger fleet and crew provide two helicopters, 16 hours per day, with two pilots on board Appendix 1). This MOU standardized communications procedures and frequencies with the each helicopter (routinely one patrol and one rescue helicopter). The OCFA staffs one helicopter, intent of enhancing flight safety. OCFA was invited to participate, but attended only one 24 hours per day, with one pilot on duty. meeting and was the only air support unit not to sign the MOU. OCSD believed that a prior MOU between OCFA and OCSD regarding air support units required modification after OCSD obtained the new rescue hoists. Despite many months of Helicopter SAR Controversy discussions to revise the MOU, the two agencies could not reach an agreement. In 2017, they entered into a formal mediation effort with a retired judge to reach an agreement on conducting A 2010-2011 Grand Jury Report criticized the OCSD for delaying simple rescues because, even SARs in off-road and wilderness areas. These mediation efforts included hiring outside experts. after finding the emergency location, its helicopters lacked hoists and could not lower medics or The mediation effort lasted several months, again without resolution. lift victims. As a result, in 2016 OCSD added hoists to some helicopters; now both agencies have A general concern arose that OCSD and OCFA helicopters were racing against each other, often the basic equipment to perform all SAR functions. SAR calls are routed to the Orange County without proper communication, and operating in dangerous proximity, thereby jeopardizing Emergency Communications Bureau (ECB), managed by the Sheriff’s Department, or to the flight safety. The BOS, in an effort to end the remote/off road SAR controversy, passed a closest city dispatch center, depending on event location. Theoretically, whichever agency is resolution in August 2017 affirming that OCSD will be the primary responder to off- closest or has the quickest response time handles the call. OCFA claims that the Sheriff’s road/remote SARs. This resolution follows the California Office of Emergency Services model. Department, the lead agency at the ECB, usually gets the first call rather than the ECB assessing However, OCFA officials stated they will continue to consider themselves the primary which agency is best situated to support the call. responders to all SARs regardless of the BOS resolution. The Grand Jury believes this situation Since OCFA had previously performed nearly all remote/off-road SARs, OCFA considered such will lead to future safety issues, higher taxpayer costs, unnecessary conflict, and the potential for rescues their responsibility. However, once OCSD added hoists and became fully rescue liability or litigation. capable, ECB dispatch increasingly assigned remote/off-road SAR calls to OCSD. OCFA air Compounding the safety issue of this race to the rescue, air-to-air communication has frequently units continued to monitor all calls and respond as well. Since OCSD is already patrolling in the been inconsistent and improper. Individuals knowledgeable in air operations in Orange County air when the call comes in, its aerial unit usually arrives on the scene first. The OCFA helicopter have alleged that, on occasion, OCFA failed to respond on established air-to-air radio then arrives, and sometimes an “aerial dance” ensues – at times with a total of three helicopters: REPORT frequencies. This claim is supported by documented evidence. Other knowledgeable individuals the OCFA unit and the OCSD patrol and rescue units. 7 claim that OCSD sometimes fails to properly utilize the OCFA Incident Response System for In 2015, in recognition of the need for flight safety communications and coordination, the public communications and coordination. This is also supported by documented evidence agency air support units within Orange County (including CHP) held several meetings to discuss When both agencies race to every remote/off-road SAR event, multiple problems occur: these common interests. These meetings were held on an ad hoc basis and had no written 2017-2018 Orange County Grand Jury Page 9 2017-2018 Orange County Grand Jury Page 10 Competition or Collaboration – Orange County’s Public Agency Helicopters Competition or Collaboration – Orange County’s Public Agency Helicopters potential air safety issues with multiple helicopters operating in close proximity without proper, consistent communication Figure 1: Location of Helicopter Bases for OCFA and the EOC potential liability issues for the County of Orange should an accident occur waste of taxpayer funds sending multiple helicopters to each event continued and increased inter-agency dysfunction, mistrust, and enmity that is detrimental to the public good decreased ability to respond to multiple, concurrent SAR events Section Summary - Helicopter SAR Controversy The current competition for remote/off-road helicopter search and rescue between the OCSD and the OCFA has created dangerous conditions. Helicopters from the two OC agencies are often approaching the same search and rescue area without agreement regarding communication frequencies or who is the primary responder. Base Location and Helicopter Density Figure 1 illustrates the relative positions of the OCSD and OCFA helicopter bases. Since the southern and eastern portions of the county contain the most wilderness areas, remote/off-road SAR events tend to occur in these areas. OCSD usually stations a helicopter at the Emergency Operations Center (EOC) on top of Loma Ridge during the peak hiking season to reduce response times for rescues. REPORT 7 Source: Adapted from website: http://naosaf.net/california/california-orange-county-map 2017-2018 Orange County Grand Jury Page 11 2017-2018 Orange County Grand Jury Page 12 Competition or Collaboration – Orange County’s Public Agency Helicopters Competition or Collaboration – Orange County’s Public Agency Helicopters potential air safety issues with multiple helicopters operating in close proximity without proper, consistent communication Figure 1: Location of Helicopter Bases for OCFA and the EOC potential liability issues for the County of Orange should an accident occur waste of taxpayer funds sending multiple helicopters to each event continued and increased inter-agency dysfunction, mistrust, and enmity that is detrimental to the public good decreased ability to respond to multiple, concurrent SAR events Section Summary - Helicopter SAR Controversy The current competition for remote/off-road helicopter search and rescue between the OCSD and the OCFA has created dangerous conditions. Helicopters from the two OC agencies are often approaching the same search and rescue area without agreement regarding communication frequencies or who is the primary responder. Base Location and Helicopter Density Figure 1 illustrates the relative positions of the OCSD and OCFA helicopter bases. Since the southern and eastern portions of the county contain the most wilderness areas, remote/off-road SAR events tend to occur in these areas. OCSD usually stations a helicopter at the Emergency Operations Center (EOC) on top of Loma Ridge during the peak hiking season to reduce response times for rescues. REPORT 7 Source: Adapted from website: http://naosaf.net/california/california-orange-county-map 2017-2018 Orange County Grand Jury Page 11 2017-2018 Orange County Grand Jury Page 12 Competition or Collaboration – Orange County’s Public Agency Helicopters Competition or Collaboration – Orange County’s Public Agency Helicopters Base location plays a relatively minor role in air unit response time, since the vast majority of the Figure 3: Diagram comparing county land areas to number of county helicopter assets county is within 12 minutes air time by helicopter. Fullerton Airport is the base for the OCFA Number of County Helicopters/1,000 Sq.Mi and several other public agency air units. John Wayne Airport (JWA), the base for OCSD Air Support, is closer to the county center. However, JWA occasionally has fog, so neither JWA 10 9 nor Fullerton is an ideal helicopter dispatch location for all scenarios. 8 Far larger counties such as San Diego and San Bernardino use one consolidated aerial support 7 6 unit base to cover much greater distances than those found in OC. 5 Helos/1,000 Sq.Mi 4 3 Figure 2: Orange County's land area compared to other Southern California counties 2 1 0 Orange County San Diego San Bernardino Source: 1Data obtained from various county websites and interviews Section Summary – Base Location and Helicopter Density Because of the relatively small size of Orange County, John Wayne Airport’s central county location has only a slight advantage compared to Fullerton Airport as a helicopter base. This advantage is reduced because of the occasional fog at John Wayne Airport. Orange County Orange County is the smallest has more helicopters per square mile than other southern California county. county in Southern California Helicopter Operations and Costs Source: Adapted from website: https://en.wikipedia.org/wikiSouthern_California#/media/File-Southern_California.png REPORT Compared to the consolidated air operations in other nearby counties, operating four separate 7 Figure 3 shows the comparison of public agency helicopter density in adjacent counties. Orange helicopter air units in Orange County is an expensive way of providing aerial services. Each of County has many more helicopters per square mile than either San Diego or San Bernardino. the four agencies has its own administrative, maintenance, and training programs thus losing opportunity for coordination, synergies, and economies of scale. Altogether, county and city agencies spend approximately $15.5 million per year operating 15 helicopters and the one fixed 2017-2018 Orange County Grand Jury Page 13 2017-2018 Orange County Grand Jury Page 14 Competition or Collaboration – Orange County’s Public Agency Helicopters Competition or Collaboration – Orange County’s Public Agency Helicopters Base location plays a relatively minor role in air unit response time, since the vast majority of the Figure 3: Diagram comparing county land areas to number of county helicopter assets county is within 12 minutes air time by helicopter. Fullerton Airport is the base for the OCFA Number of County Helicopters/1,000 Sq.Mi and several other public agency air units. John Wayne Airport (JWA), the base for OCSD Air Support, is closer to the county center. However, JWA occasionally has fog, so neither JWA 10 9 nor Fullerton is an ideal helicopter dispatch location for all scenarios. 8 Far larger counties such as San Diego and San Bernardino use one consolidated aerial support 7 6 unit base to cover much greater distances than those found in OC. 5 Helos/1,000 Sq.Mi 4 3 Figure 2: Orange County's land area compared to other Southern California counties 2 1 0 Orange County San Diego San Bernardino Source: 1Data obtained from various county websites and interviews Section Summary – Base Location and Helicopter Density Because of the relatively small size of Orange County, John Wayne Airport’s central county location has only a slight advantage compared to Fullerton Airport as a helicopter base. This advantage is reduced because of the occasional fog at John Wayne Airport. Orange County Orange County is the smallest has more helicopters per square mile than other southern California county. county in Southern California Helicopter Operations and Costs Source: Adapted from website: https://en.wikipedia.org/wikiSouthern_California#/media/File-Southern_California.png Compared to the consolidated air operations in other nearby counties, operating four separate REPORT 7 Figure 3 shows the comparison of public agency helicopter density in adjacent counties. Orange helicopter air units in Orange County is an expensive way of providing aerial services. Each of County has many more helicopters per square mile than either San Diego or San Bernardino. the four agencies has its own administrative, maintenance, and training programs thus losing opportunity for coordination, synergies, and economies of scale. Altogether, county and city agencies spend approximately $15.5 million per year operating 15 helicopters and the one fixed 2017-2018 Orange County Grand Jury Page 13 2017-2018 Orange County Grand Jury Page 14 Competition or Collaboration – Orange County’s Public Agency Helicopters Competition or Collaboration – Orange County’s Public Agency Helicopters wing plane used by Anaheim Police Department. In addition, significant capital expenditures on and remote/off-road SAR operations. OCFA paramedics generally have broader medical new helicopters have been made over recent years. See Table 2 below. experience than those with OCSD since OCFA paramedics also handle the vast majority of Orange County’s medical emergency responses on a daily basis. Table 2: Air Support Unit's Operating Expenses (all $ in millions) Fiscal Year 2016/2017 Although some OCSD medical personnel are lower-cost volunteers, they are certified by Orange OCFA OCSD Anaheim HB PD Total County Emergency Medical Services, and consist of paramedics, EMTs, Advanced EMTs, and PD registered nurses. OCSD medical personnel, including volunteers, are also armed and trained to Amount $ $4.28 $3.55 $4.41 $3.25 $15.50 % of Total 27.6% 22.9% 28.5% 21.0% 100% respond to active shooter scenarios, SWAT operations, and other dangerous situations. This # of Aircraft 4 5 4 (including 3 16 can be significant if there is a potential for criminal activity or crime scene preservation one plane) Cost/Aircraft $1.07 $0.71 $1.10 $1.08 $0.97 associated with an SAR operation. Source: Multiple OC Agencies Both OCFA and OCSD helicopters have water tanks and CAL FIRE-certified crew members for aerial firefighting. OCFA has more extensive CAL FIRE certifications and greater experience in OCFA and OCSD have significantly different hourly operating rates. OCFA’s total operating firefighting, as that is their core mission. OCFA frequently requests OCSD helicopters for expenses, including crew, fuel, insurance, etc., is $3,863 per hour for a single helicopter. Based helicopter coordination services. In this capacity, the helicopter crew provides airborne on data reviewed by the Grand Jury, a one-hour rescue extraction (take off, transit, hover to observation for fire commanders and coordination of aerial support for OCFA. Aside from this, deliver EMT/Paramedic, prep patient, retrieve, deliver patient, etc.) costs the OCFA well over OCFA does not use the firefighting capability of OCSD. Both San Bernardino and San Diego $4,000 per SAR event for the air component. Based on similar factors, OCSD’s helicopter counties use sheriff’s deputies to pilot the helicopters they provide to other counties for mutual operating cost is $1,154 per hour, or about 30% of the OCFA rate. However, since many OCSD aerial firefighting support. Notably, OCFA might use other counties’ sheriff’s pilots, but will not SARs involve a second helicopter, the comparison is closer to 57% of the OCFA costs. take advantage of its own OCSD aerial firefighting resources during fire emergencies. Of the over 400 SAR missions responded to by OCSD and OCFA County helicopters in each of A review of various remote/off-road SAR events indicates that the majority do not require 2016 and 2017, OCSD executed 32 helicopter extractions in 2016 and 34 in 2017. The majority multiple helicopters from both OCSD and OCFA, in addition to OCFA ground units. This of OCSD’s SAR events involve two helicopters and no ground assets. By comparison, OCFA overuse of resources wastes taxpayer funds and creates safety and liability issues. Consolidating conducted 39 helicopter extractions in 2016 and 35 in 2017. Although the number of extractions these air support units would substantially reduce costs while increasing operational efficiencies. between the two agencies was similar for these remote/off-road SARs, the total associated operating costs for OCFA was considerably greater than for OCSD. Differing flight hours, Section Summary- Helicopter Operations and Costs helicopter types, and OCSD’s extensive reserve/volunteer program account for most of the cost REPORT The smallest county by area in Southern California hosts four separate air support units 7 differences. comprising one of the largest law enforcement and firefighting helicopter fleets. This set of independent helicopter fleets requires substantial operating expense and large capital OCFA does not use volunteers/PSRs for their air support unit, although this practice is common outlays. with the Sheriff/Fire consolidated aerial units in other California counties. All of OCFA’s higher- cost medical personnel are certified paramedics, most with extensive experience in both urban 2017-2018 Orange County Grand Jury Page 15 2017-2018 Orange County Grand Jury Page 16 Competition or Collaboration – Orange County’s Public Agency Helicopters Competition or Collaboration – Orange County’s Public Agency Helicopters wing plane used by Anaheim Police Department. In addition, significant capital expenditures on and remote/off-road SAR operations. OCFA paramedics generally have broader medical new helicopters have been made over recent years. See Table 2 below. experience than those with OCSD since OCFA paramedics also handle the vast majority of Orange County’s medical emergency responses on a daily basis. Table 2: Air Support Unit's Operating Expenses (all $ in millions) Fiscal Year 2016/2017 Although some OCSD medical personnel are lower-cost volunteers, they are certified by Orange OCFA OCSD Anaheim HB PD Total County Emergency Medical Services, and consist of paramedics, EMTs, Advanced EMTs, and PD registered nurses. OCSD medical personnel, including volunteers, are also armed and trained to Amount $ $4.28 $3.55 $4.41 $3.25 $15.50 % of Total 27.6% 22.9% 28.5% 21.0% 100% respond to active shooter scenarios, SWAT operations, and other dangerous situations. This # of Aircraft 4 5 4 (including 3 16 can be significant if there is a potential for criminal activity or crime scene preservation one plane) Cost/Aircraft $1.07 $0.71 $1.10 $1.08 $0.97 associated with an SAR operation. Source: Multiple OC Agencies Both OCFA and OCSD helicopters have water tanks and CAL FIRE-certified crew members for aerial firefighting. OCFA has more extensive CAL FIRE certifications and greater experience in OCFA and OCSD have significantly different hourly operating rates. OCFA’s total operating firefighting, as that is their core mission. OCFA frequently requests OCSD helicopters for expenses, including crew, fuel, insurance, etc., is $3,863 per hour for a single helicopter. Based helicopter coordination services. In this capacity, the helicopter crew provides airborne on data reviewed by the Grand Jury, a one-hour rescue extraction (take off, transit, hover to observation for fire commanders and coordination of aerial support for OCFA. Aside from this, deliver EMT/Paramedic, prep patient, retrieve, deliver patient, etc.) costs the OCFA well over OCFA does not use the firefighting capability of OCSD. Both San Bernardino and San Diego $4,000 per SAR event for the air component. Based on similar factors, OCSD’s helicopter counties use sheriff’s deputies to pilot the helicopters they provide to other counties for mutual operating cost is $1,154 per hour, or about 30% of the OCFA rate. However, since many OCSD aerial firefighting support. Notably, OCFA might use other counties’ sheriff’s pilots, but will not SARs involve a second helicopter, the comparison is closer to 57% of the OCFA costs. take advantage of its own OCSD aerial firefighting resources during fire emergencies. Of the over 400 SAR missions responded to by OCSD and OCFA County helicopters in each of A review of various remote/off-road SAR events indicates that the majority do not require 2016 and 2017, OCSD executed 32 helicopter extractions in 2016 and 34 in 2017. The majority multiple helicopters from both OCSD and OCFA, in addition to OCFA ground units. This of OCSD’s SAR events involve two helicopters and no ground assets. By comparison, OCFA overuse of resources wastes taxpayer funds and creates safety and liability issues. Consolidating conducted 39 helicopter extractions in 2016 and 35 in 2017. Although the number of extractions these air support units would substantially reduce costs while increasing operational efficiencies. between the two agencies was similar for these remote/off-road SARs, the total associated operating costs for OCFA was considerably greater than for OCSD. Differing flight hours, Section Summary- Helicopter Operations and Costs helicopter types, and OCSD’s extensive reserve/volunteer program account for most of the cost The smallest county by area in Southern California hosts four separate air support units REPORT differences. 7 comprising one of the largest law enforcement and firefighting helicopter fleets. This set of independent helicopter fleets requires substantial operating expense and large capital OCFA does not use volunteers/PSRs for their air support unit, although this practice is common outlays. with the Sheriff/Fire consolidated aerial units in other California counties. All of OCFA’s higher- cost medical personnel are certified paramedics, most with extensive experience in both urban 2017-2018 Orange County Grand Jury Page 15 2017-2018 Orange County Grand Jury Page 16 Competition or Collaboration – Orange County’s Public Agency Helicopters Competition or Collaboration – Orange County’s Public Agency Helicopters Flight Safety by the higher-level chain of command seem to mirror the perspectives of their air units regarding interagency controversies without further examination. The Grand Jury reviewed many air safety incidents in written, audio, and video form, and The public interest is best served by OCFA and OCSD cooperating and reinforcing each other allegations of conflicts involving OCFA and OC law enforcement air units. According to data for the benefit of the county, rather than protecting their own turf. from the National Transportation Safety Board, one-third of national air safety incidents were associated with poor communications. Many of these involved poor radio technique. Following proper safety communication protocols is critically important. As discussed earlier, all of the air Section Summary – Flight Safety support units operating in the County except for the OCFA agreed to an MOU to improve flight The creation of a formal inter-agency body, such as an OC air operations safety council safety and communication. These safety incidents demonstrate why all air support units need to under the direction of the Board of Supervisors, would help drive agreement among all air support units on common communication and safety protocols. This group could also comply. review adherence to FAA regulations, proper airspace management, and review significant aviation safety incidents and allegations. One possible remedy would be to create an air operations safety council, composed of representatives of all public agency aviation units operating inside the county. These agencies could include OCFA, OCSD, the Cities of Huntington Beach and Anaheim, and the local CHP unit. Meetings could be held quarterly and chaired by a representative under the direction of the BOS. This air safety council would focus on airspace safety and, in particular, establish common communications frequencies; promote adherence to FAA regulations and protocols; and review significant aviation safety incidents and issues. One of the first priorities should be establishing Figure 4 OCFA helicopter using hoists common and mandatory communication protocols to be used by all local agencies while flying in county airspace. Such a forum could help restore safety and cooperation, and assist in rebuilding mutual trust between the affected agencies while a more centralized solution is implemented. Typically, governmental, commercial aviation, and military organizations have air support units embedded within larger departments with former aviators occupying some middle to senior management positions. An experienced aviator-manager can provide effective and critical feedback on the technical operations of air units. For example, only a qualified naval aviator or REPORT naval flight officer may command US Navy aircraft carriers (10 USC 5942). The same 7 Source: OCFA website requirement applies to commanders of both Naval and Marine Corps air stations. Conversely, OCSD and OCFA have no aviation-experienced leadership above the unit level to provide mentoring and accountability. As a result, in numerous aviation conflicts and incidents, reviews 2017-2018 Orange County Grand Jury Page 17 2017-2018 Orange County Grand Jury Page 18 Competition or Collaboration – Orange County’s Public Agency Helicopters Competition or Collaboration – Orange County’s Public Agency Helicopters Flight Safety by the higher-level chain of command seem to mirror the perspectives of their air units regarding interagency controversies without further examination. The Grand Jury reviewed many air safety incidents in written, audio, and video form, and The public interest is best served by OCFA and OCSD cooperating and reinforcing each other allegations of conflicts involving OCFA and OC law enforcement air units. According to data for the benefit of the county, rather than protecting their own turf. from the National Transportation Safety Board, one-third of national air safety incidents were associated with poor communications. Many of these involved poor radio technique. Following proper safety communication protocols is critically important. As discussed earlier, all of the air Section Summary – Flight Safety support units operating in the County except for the OCFA agreed to an MOU to improve flight The creation of a formal inter-agency body, such as an OC air operations safety council safety and communication. These safety incidents demonstrate why all air support units need to under the direction of the Board of Supervisors, would help drive agreement among all air support units on common communication and safety protocols. This group could also comply. review adherence to FAA regulations, proper airspace management, and review significant aviation safety incidents and allegations. One possible remedy would be to create an air operations safety council, composed of representatives of all public agency aviation units operating inside the county. These agencies could include OCFA, OCSD, the Cities of Huntington Beach and Anaheim, and the local CHP unit. Meetings could be held quarterly and chaired by a representative under the direction of the BOS. This air safety council would focus on airspace safety and, in particular, establish common communications frequencies; promote adherence to FAA regulations and protocols; and review significant aviation safety incidents and issues. One of the first priorities should be establishing Figure 4 OCFA helicopter using hoists common and mandatory communication protocols to be used by all local agencies while flying in county airspace. Such a forum could help restore safety and cooperation, and assist in rebuilding mutual trust between the affected agencies while a more centralized solution is implemented. Typically, governmental, commercial aviation, and military organizations have air support units embedded within larger departments with former aviators occupying some middle to senior management positions. An experienced aviator-manager can provide effective and critical feedback on the technical operations of air units. For example, only a qualified naval aviator or naval flight officer may command US Navy aircraft carriers (10 USC 5942). The same REPORT Source: OCFA website 7 requirement applies to commanders of both Naval and Marine Corps air stations. Conversely, OCSD and OCFA have no aviation-experienced leadership above the unit level to provide mentoring and accountability. As a result, in numerous aviation conflicts and incidents, reviews 2017-2018 Orange County Grand Jury Page 17 2017-2018 Orange County Grand Jury Page 18 Competition or Collaboration – Orange County’s Public Agency Helicopters Competition or Collaboration – Orange County’s Public Agency Helicopters Figure 5: OCSC using hoists 4. All counties adjacent to Orange County designate their sheriff’s departments as lead agency for remote/off-road SARs. The BOS decision can have greater benefits for the public if the rapid deployment capabilities of OCSD are joined by the paramedic expertise of OCFA. This combination has proved highly successful in other counties. Some incident reports on SAR communications have noted concerns regarding a lack of common rescue terminology between air and ground resources; this concern can be mitigated by combining crews. Section Summary - Air Operations/Search and Rescue (SAR) OCSD is most effective serving as the lead in remote/off-road rescues because they will Source: OCSD website usually arrive on scene more quickly and are trained to preserve potential crime scenes. With experienced OCFA paramedics on board their helicopters, the OCSD OCFA combination could quickly render more effective aid. Air Operations/Search and Rescue (SAR) Facilities In August 2017, The Board of Supervisors decided that the OCSD is in a better position to be the lead agency for SARs in Orange County remote/off- road incidents. This is consistent with Substantial efficiencies could be realized if the OCSD Aviation Support Unit relocated to the guidance from Cal OES. Other facts supporting this decision are: OCFA-owned hangars at Fullerton Airport. Two of these are underused and leased to private entities. The colocation of OCSD and OCFA Air Support Units at Fullerton Airport would have
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CL55Orange County Fire Authority, and Orange County Sheriff’s Department, Memorandum of Responses Required: Understanding 2016.
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CL56Orange County Fire Authority and Orange County Sheriff’s Department Operating Plan, Findings:
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CL57Orange County Waste Management Commission, Meeting Agenda, September 14, 2017. Comments to the Presiding Judge of the Superior Court in compliance with Penal Code §933.05 8. Orange County Waste Management Commission, Meeting Agenda, September 8, 2016. are required from: 9. Orange County Waste & Recycling, 2017 Annual Report.
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CL58United States Forestry Service, Cleveland National Forest Cooperative Agreement, January Orange County Fire Authority Board of Directors: F1, F2, F3, F5, F6, F7, F9, F10, F11 03, 2011. Anaheim City Council: F1, F3, F5, F7, F10
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CL59Riverside County/Orange County/Camp Pendleton, Anaheim, Automatic Air Agreement, Huntington Beach City Council: F1, F3, F5, F7, F10 October 25, 2016.
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CL60Orange County Waste & Recycling, 2016 Annual Report. Responses Required: 11. The Irving Corporation & Orange County California, Acquisition Agreement, August 8, 1984.
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CL61Orange County Fire Authority, Memoranda of Understanding with the City of Orange, Long Orange County Board of Supervisors: R1, R2, R3, R4, R5, R6 Beach and Irvine Water District Agreement, July 10, 2017. Orange County Sheriff/Coroner: R1, R2, R3, R4, R5, R6, R7
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CL62Orange County Waste & Recycling, Frank R. Bowerman Landfill, May 15, 2013. Findings:
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CL63Prima Deshecha Landfill, Amended, 2001 General Development Plan, January 1, 2006.
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CL64California Regional Water Quality Control Board Staff Report, Frank R. Bowerman Landfill, Orange County Board of Supervisors: Findings: F1, F2, F3, F4, F5 Order No RB-2009-0012, August 28, 2009. City of Brea City Council Findings: F1, F2, F3 15. Orange County Waste & Recycling (formerly Integrated Waste Management Department), Regional Landfill Options for Orange County (RELOOC), dated Dec. 2001. REPORT 5 16. Orange County Waste & Recycling (formerly Integrated Waste Management Department), Regional Landfill Options for Orange County (RELOOC), Update 2007, dated Nov. 2007.
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CL65Anaheim Air Support, Standard Operation Procedure Manual, 4.42 – 4.5 – 4.5.1. July 15,
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CL66Orange County Waste & Recycling (formerly Integrated Waste Management Department), 5 Regional Landfill Options for Orange County (RELOOC), Update 2007, dated Nov. 2007.
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CL67Orange County Waste & Recycling (formerly Integrated Waste Management Department), Orange County Board of Supervisors: Recommendations: R1, R2 Regional Landfill Options for Orange County (RELOOC), Regional Landfill Options for Orange County And Olinda Alpha Landfill Expansion Planning for Informational Meetings, City of Brea City Council: Recommendations: R1 Tool 7b,
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CL68County of Orange Health Care Agency, Solid Waste Facility Permit (for Olinda Alpha Landfill) Facility Number: 30-AB-0035, May 27, 2015.
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CL69County of Orange Health Care Agency, Solid Waste Facility Permit (for Frank R. Bowerman Landfill) Facility Number: 30-AB-0360, September 22, 2013.
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CL70Health Encyclopedia, University of Rochester Medical Center, Amphetamine Screen (Blood). Accessed June 1, 2018. Documents (https://www.urmc.rochester.edu/encyclopedia/) 1. 2016 California Code Title 2, Division 3, Part 2, Section 12525 2. Miller, Steve, Deaths in Police Custody Up, Half Attributed to Natural Causes, February
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CL71ACLU SoCal’s Jails Project. June 2017 Orange County Jails. 23, 2016. Accessed June 1, 2018.
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CL72California Code of Regulations, Title 15. Crime Prevention and Corrections (Adult and (http://www.CalWatchdog.com) Juvenile Health Services) 3. SAFE – Strategy, Accountability, Focus, Evaluation. Accessed June 1, 2018.
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CL73California Code of Regulations, Title 15. Crime Prevention and Corrections § 1046. (http://www.ocsd.org/divisions/prof/safe) Death in Custody 4. Replogle, Jill, Inmate Death is Latest Black Mark for OC Sheriff's Department, July 26,
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CL74California Code of Regulations, Title 15. Crime Prevention and Corrections §1207. 2017. Accessed June 1, 2018. Medical Receiving Screening (http://www.scpr.org.news/2017/07/74110/inmate-death-is-latest-black-mark-for-oc-
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CL75Health Insurance Portability and Accountability Act of 1996 (HIPPA); Section 45CFR sheriff-s/) 164.521(f)(1)(ii)(A)-(B) 5. Officer-Involved Shooting and Custodial Death Letters. Accessed June 1, 2018.
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CL76McCrary, Justin, School of Law, University of California, Berkeley, Raphael, Steven, (http://www.orangecountyda.org/reports/officerletters.asp) Goldman School of Public Policy, University of California, Berkeley, Deaths in Custody 6. Highlights of the 2010 American Heart Association Guidelines for CPR and ECC. in California: 2005 through 2014, September 9, 2015. Accessed June 1, 2018.
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CL77Mitchell et al. Deaths In Custody Position Paper. Academic Forensic Pathology: The (http://www.heart.org ) official Publication of the National Association of Medical Examiners, 2007.
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CL78National Association of Medical Examiners, August 12, 2005. Forensic Autopsy Performance Standards.
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CL79Olsen, Lise. In Texas and California, police fail to report use-of-force fatalities from 2005-2015, Study: Hundreds of cases were not submitted in Texas, California (Houston Chronicle; October 9, 2016)
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CL80Orange County District Attorney and Orange County Sheriff's Department, Operational and Procedural Protocol for Custodial Heath Investigations, February 10, 2010
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CL81Orange County Grand Jury 2015/2016 Report. Our Brothers Keeper: A Look at the Care and Treatment of Mentally Ill Inmates in Orange County Jails.
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CL82Puente, Kelly. Family Seeks Answers In Death of Westminster Man Who Shared Jail Cell With Inmate Accused of Murder. (Orange County Register, July 25, 2017)
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CL83Schwebke, Scott. DA Determined Orange County Jail Staff Not at Fault in Death of Inmate. (Orange County Register, October 5, 2017)
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CL84Schwebke, Scott. Family Sues County Following Inmate’s Death. (Orange County Register, April 11, 2018)
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CL85Sforza, Teri. Deadly Custody: Violent Crime Plummets in California, but Prison Deaths Double, (Orange County Register, October 5, 2016) REPORT 8 2017-2018 Orange County Grand Jury Page 25 2017-2018 Orange County Grand Jury Page 26 Preventable Deaths in Orange County Jails Preventable Deaths in Orange County Jails REFERENCES Websites
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CL86residents of all member agencies and are not based on the ability to pay. If they were, Irvine The equity issue within OCFA has been a long-standing one, with multiple attempts made over would take the majority of fire services and other smaller and less affluent member cities would the years by OCFA and its members to address it. As a result of the most recent legislation (SB have a lower level of services. The City of Irvine is not attempting to abrogate its civic 302), however, any proposed resolution will be even more difficult to reach with the addition of responsibilities, but rather is seeking more equitable treatment. more parties needed for agreement. Future Negotiations Strategic and Financial Impacts Recently there have been informal discussions between the City of Irvine and OCFA regarding As previously noted, OCFA’s Division 2, located in the City of Irvine, is situated in the the equity issue. These discussions have not included the County of Orange, which might have geographic center of the OCFA service area (Figure 2). Irvine’s withdrawal from OCFA would provided an avenue for additional input or options. Instead, OCFA advised the County that any disrupt the strategic integrity of a uniform service area with regard to placement of fire stations position they have regarding the equity issue must be presented to the OCFA Board of Directors. as well as distribution of firefighting equipment and personnel. The withdrawal would also have Now, with the recent passage of SB 302, all parties to the discussion, including the County, are a negative effect on OCFA’s operating budget, financial stability, response times, and overall required to approve any proposed solutions to the equity issue – which would necessitate that all operations. These possible effects make it apparent that it would be in the best interest of OCFA, parties participate in any discussions. the City of Irvine, other member cities, and the County to negotiate a mutually agreeable solution. If a consensus is not achieved in the short term by June 30, 2018, and no further action is taken before the next withdrawal notice deadline of June 30, 2028, then the OCFA JPA will Why Inequity is Inevitable automatically renew on July 1, 2030 – resulting in the same terms and conditions with the same unresolved issues, possibly leading to the breakup of OCFA. Inequities are a feature of any representative democratic government. Wealthier communities send more tax revenue to a central government than less wealthy communities, which is redistributed for the common good. These revenues are allocated to give all communities the same basic services as their needs require. A prime example of this is funding for public schools. In a hypothetical scenario, two homes on the same block may pay significantly different amounts of property taxes, depending upon the date of sale (defined base year) and the assessed value of the home. For example, if a home was purchased in 1975 with a sale price of $95,000 and has not changed hands for the past 43 years, the property taxes would be significantly lower than 2017-2018 Orange County Grand Jury Page 21 2017-2018 Orange County Grand Jury Page 22 ORANGE COUNTY FIRE AUTHORITY – FINANCIAL FLAMES ON THE HORIZON? ORANGE COUNTY FIRE AUTHORITY – FINANCIAL FLAMES ON THE HORIZON? those liabilities, however they may be calculated, would not follow them if they withdraw. This those of a home next door which was purchased in the base year of 2017 with a sale price of open question is another possible litigation issue, costly to both parties. $975,000. Yet these next-door neighbors receive the same public school accessibility. REPORT 1 This is also true of OCFA, whose fire and emergency services are provided equally to the
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CL87agencies and advocates serving the homeless. Feedback the Grand Jury received indicated that SPA meetings are well-attended, since most The Grand Jury discovered many issues impeding increased Permanent Supportive Housing cities are seeking any available assistance or information to address homelessness. However, a development, such as funding and a shortage of sites on which to build more PSH units. While number of city attendees are disappointed that the meetings primarily focus on sharing these are vital issues that need to be addressed, nothing can be accomplished without leadership information rather than promoting action. In some instances, due to city staff frustration with the and collaboration between the County and cities. During the investigation, the Grand Jury heard lack of significant action, lower-level staff now attend meetings in lieu of their bosses. However, both sides level claims of “lack of political will.” However, while political will – or the lack these individuals typically do not hold the decision-making authority required if opportunities do thereof – is frequently and glibly used as an accusation, its explicit meaning is vague, making arise for joint city planning activities. efforts at addressing the real, underlying problems difficult. In a paper entitled “Defining Political Will” (Post, et al, 2010), the authors state that political will exists when these four components exist: Perception that the Homeless are Service Resistant A sufficient set of decision-makers in positions of power who support desired reform, With a common understanding of a particular problem and agreement that the problem In conducting its investigation, the Grand Jury discovered that some city and County officials requires government action, believe that homeless individuals will not accept offers of service, including housing. This Who are intensely committed to supporting a fix for the problem, And agree on a potentially effective policy solution 2017-2018 Orange County Grand Jury Page 25 2017-2018 Orange County Grand Jury Page 26 Where There’s Will, There’s a Way Where There’s Will, There’s a Way Lack of Adequate Staffing within County Housing & Community Development Department to Review perceived service resistance leads them to question the need for establishing housing options, and Facilitate Projects such as PSH, since, in their view, the homeless will not want to live in this housing anyway. The Grand Jury spoke with a number of non-profit personnel who regularly interact with the Housing and Community Development (HCD), a division within Orange County Community homeless to understand their perspective on the matter. Service providers report that a level of Resources, administers the County’s affordable housing development, community development, trust must be established with homeless individuals before they will feel comfortable accepting homeless prevention programs, and housing successor agency programs and activities. HCD services, including offers of housing. Outreach workers say it may take seven to eight plays a key role in working with affordable housing developers to notify them when state and engagements with a homeless person to gain sufficient trust for them to believe you really have federal housing funds become available, and to ensure that projects, such as those targeted for their best interests in mind. One service provider indicated that the willingness of homeless PSH, move through the pipeline as quickly as possible. individuals to receive offered services depends on who is making the offer and what they are The two positions currently budgeted within HCD are now vacant, one for over a year. During offering. For example, when uniformed officers approach a homeless individual with an offer of the investigation, the Grand Jury heard that lack of staffing interferes with speedy review and help, the offer may be refused out of hand due to that individual’s unease with law enforcement. facilitation of projects. In some cases, developers had to use back-channel communications to While most providers believe there is a segment of the homeless population that will ultimately other County officials in order to get a project considered. be resistant to accepting services, they estimate that segment represents a relatively small percentage of the population – perhaps in the 10-15% range. At the kickoff of the United Way’s “United to End Homelessness” program, Andrae Bailey – Service Planning Area Meetings Encourage Information Sharing, but do not Promote Action Orlando, Florida’s former homeless czar who is credited with helping to substantially decrease homelessness in that area – said the following: “Beliefs dictate policy and investments. If you REPORT 4 In an effort to increase collaboration and sharing of best practices among cities on homeless believe the homeless don’t want help, that will influence your policy.” issues, the Director of Care Coordination (the “homeless czar”) subdivided the county into three Service Planning Areas (SPAs): north, central, and south. Each planning area holds monthly meetings with a portion of each city’s staff and elected officials, as well as with non-profit
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CL88this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled “Orange County Landfills: Talking Trash,” the 2017-2018 As Orange County’s population continues to grow, so will its waste stream. While the landfills Orange County Grand Jury has arrived at five principal findings, as follows: still have capacity, it is in the best interests of residents to keep the Orange County solid waste disposal system intact and extend its life as long as possible. Three major factors affect the system: F1. The Orange County waste disposal system is efficient, well balanced, geographically risk of Olinda Alpha Landfill closure in 2021, which would have major negative impact distributed, and works to mitigate disturbance to nearby neighborhoods. on the system F2. The Orange County landfill system would be disrupted by the closure of any one of the imported waste, which adds to the burden of the landfills landfills. volatility in the market for recyclable material, which could have a negative effect F3. The Olinda Alpha Landfill is a possible candidate for closure in 2021 if negotiations with While there is little that can be done at a local level with regard to the recyclables market, City of Brea prove unsuccessful. managing the other factors is even more crucial to the future growth and quality of life for Orange County. F4. Importing trash from outside of the County, initiated to help the County survive the 1994 REPORT 5 bankruptcy, continues even though the bankruptcy bonds were retired as of July 2017. Commendation F5. Continued importation of trash tends to decrease Orange County landfill life. Orange County Waste and Recycling is to be commended for operating an efficient and cost effective system of landfills and hazardous waste disposal centers that constitutes an important economic asset to Orange County. 2017-2018 Orange County Grand Jury Page 18 2017-2018 Orange County Grand Jury Page 19 Orange County Landfills: Talking Trash Orange County Landfills: Talking Trash Adding travel distance and time would increase operating costs, resulting in higher trash bills to FINDINGS Orange County residents and businesses. In accordance with California Penal Code Sections 933 and 933.05, the 2017-2018 Grand Jury requires (or, as noted, requests) responses from each agency affected by the findings presented in
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CL89F2. Because the Intake Release Center health assessment does not screen for drug or Since the Intake Release Center is the gateway to health care in the jail system, it is imperative alcohol intoxication, some inmates have not been appropriately assigned to the Medical that health issues be identified there. Many other opportunities exist to improve the health care of Observation Unit to monitor for potential overdose events. inmates and prevent their deaths. The Grand Jury’s Findings and Recommendations are intended to assist Correctional Health Services, in cooperation with Orange County Sheriff’s Department F3. Failure to screen for mental illness at the Intake Release Center exposes other inmates and Orange County District Attorney’s office, in achieving ongoing improvements to inmate to potential risk. health care. F4. Failure to detect Hepatitis B, Hepatitis C, and HIV at the Intake Release Center puts the jail population and staff at risk for these diseases. F5. Inmate health care is compromised when the Intake Release Center x-ray screening is limited to the detection of tuberculosis and not used to identify other significant abnormalities, such as artificial heart valves and aortic aneurysms. F6. Appropriate health care may be delayed when drug and alcohol screening test results collected by outside law enforcement agencies are not provided to the Intake Release Center with the arrestee. F7. Appropriate health care is compromised when medical records, diagnoses and treatment plans are not provided by the hospital when the inmate returns to the Intake Release Center. REPORT 8 2017-2018 Orange County Grand Jury Page 17 2017-2018 Orange County Grand Jury Page 18 Preventable Deaths in Orange County Jails Preventable Deaths in Orange County Jails Peer Review Certification FINDINGS Participation in a nationally-accredited healthcare review organization has the potential to In accordance with California Penal Code Sections 933 and 933.05, the 2017-2018 Grand Jury improve the inmate care that CHS provides. CHS is not audited by any accrediting organization. requires (or, as noted, requests) responses from each agency affected by the findings presented in The National Commission on Correctional Health Care (NCCHC) is available to review this section. The responses are to be submitted to the Presiding Judge of the Superior Court. correctional health care delivered across the United States. Utilizing this agency or an equivalent would provide an independent assessment of performance. The NCCHC can provide CHS the Based on its investigation titled “Preventable Deaths in Orange County Jails,” the 2017-2018 benefit of an accreditation of its performance and practices. Membership in this peer review Orange County Grand Jury has arrived at twelve principal findings, as follows: organization has the potential to improve efficiency, inmate care, and inmate survival. F1. Failure to identify health threats at the Intake Release Center may lead to subsequent medical challenges that could be avoided.
No Responses Found 1
Government entities assigned to respond to this report. No response documents have been linked in our database.