2018-19 Consolidated Final Report with Responses 335 10/22/2019 scgrandjury.org Mail - Grand Jury Report Responses

R1

The Board of Supervisors should within the next 60 days instruct the County Administrative Officer to transfer responsibility for initiating and administering any major contract for delivery of services to County residents to a department or comparable organizational unit with the human resources to actively manage the contract. (F1) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) X WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The CAO will continue to have responsibility for initiating and administering contracts within the office’s responsibilities, including public defense services. Respond by September 25, 2019 350 Santa Cruz County Civil Grand Jury Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R2

The Board of Supervisors should condition approval of any future proposal to pay a public defense contractor additional compensation, whether because a case involves special circumstances or otherwise, upon the presentation of evidence demonstrating that in the absence of additional compensation, the total compensation paid to the contractor would be inadequate. (F2) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) X WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: In order for special circumstances to be awarded there is an established process: “The Public Defender shall petition the Court making the appointment for a determination as to the existence of extraordinary circumstances. Specific authorization for extraordinary compensation or expenses by the Court shall be presented and approved by the Board of Supervisors prior to the expenditure of funds. Extraordinary compensation shall be billed at a rate authorized by the Superior Court for 4th party appointments.” Additional compensation for special circumstances cases are approved at the discretion of the Board of Supervisors. Respond by September 25, 2019 2018-19 Consolidated Final Report with Responses 351 Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R3

In the interest of transparency, the County Administrative Officer and the Auditor-Controller should work with Lawrence Biggam, the Watsonville landlord, and the Watsonville janitorial and utility providers to implement within the next six months an arrangement by which the County pays Mr. Biggam the amounts due to the Watsonville vendors and Mr. Biggam pays the Watsonville vendors. (F3) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) X WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The leased space across from the Watsonville courthouse provides valuable access for County staff to both the courthouse and the Watsonville City Hall. Currently, the County allocates that space to the Public Defender. In the future, that space could be used by any number of County agencies as the County looks to provide more services in south county. The Auditor-Controller will review these payments to determine the correct IRS year-end reporting. Respond by September 25, 2019 352 Santa Cruz County Civil Grand Jury Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R4

In the interest of transparency, the Board of Supervisors should instruct the County Administrative Officer to prepare and present for approval a document directing County staff (a) to use the term “public defense” instead of “public defender” to refer to the services that private defense contractors and Criminal Defense Conflict Program panel attorneys provide, (b) to refrain from referring to a public defense contractor or any member of their staff as a public defender, deputy public defender, or other “defender,” and (c) to refer to Budget Unit 59 using a word that the County Administrative Officer has determined does not suggest that Budget Unit 59 is a department. (F4) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) X WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: A & B) As the Grand Jury report states, we agree that Mr. Biggam’s status leads to no specific harm or confusion by clients or the public, and that implementing this recommendation would only cause more confusion and obstacles to the County’s organizational review effort currently underway. C) The County does not believe that changing the name of budget unit 59 will add clarifying value. The narrative of the budget clearly explains that the services are contracted. Respond by September 25, 2019 2018-19 Consolidated Final Report with Responses 353 Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R5

The Board of Supervisors should instruct the County Administrative Officer to prepare and present for approval a request to the County’s public defense contractors and the Criminal Defense Conflict Program panel attorneys, with respect and no suggestion of criticism, to refrain from referring to themselves or any peer as a public defender, deputy public defender, or other “defender.” (F4) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) X WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: As the Grand Jury report states, we agree that Mr. Biggam’s status leads to no specific harm or confusion by clients or the public, and that implementing this recommendation would only cause more confusion and obstacles to the County’s organizational review effort currently underway. Respond by September 25, 2019 354 Santa Cruz County Civil Grand Jury Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R6

The Board of Supervisors should instruct the County Administrative Officer to prepare and present for approval a policy that the County will not reimburse contractors for the cost of separate overhead items such as liability insurance, employee health insurance, or office space as one of the County’s obligations to the contractor. (F5, F6) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) X WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The County will retain the right to negotiate the terms of agreement, including all forms of payment, that provide for critical services to County residents. Respond by September 25, 2019 2018-19 Consolidated Final Report with Responses 355 Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R7

The Board of Supervisors should instruct the County Administrative Officer to prepare and present for approval a policy that the County will not provide goods or services to contractors in lieu of cash. (F5, F6) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) X WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The County’s Purchasing Policy Manual Section 1.0 provides for the ethical standards for purchasing activities. Respond by September 25, 2019 356 Santa Cruz County Civil Grand Jury Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R8

The County Administrative Office and the Auditor-Controller should find a way to present the actual cost of the compensation paid to each public defense contractor on the County budget, beginning with the 2019–2020 fiscal year. (F5) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) X WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The budget for the Public Defender includes all costs associated with the required services. The Auditor-Controller’s Office has finalized the Budget for FY 2019-20 per instructions approved by the Board at the end of their weeklong public budget hearings held in June 2019. The budget document has been placed on the Board’s agenda to be approved in September 2019. The CAO will consider changes to this format when it presents its next two-year budget in FY 2021-23. Respond by September 25, 2019 2018-19 Consolidated Final Report with Responses 357 Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R6

The Board of Supervisors should instruct the County Administrative Officer to prepare and present for approval a policy that the County will not reimburse contractors for the cost of separate overhead items such as liability insurance, employee health insurance, or office space as one of the County’s obligations to the contractor. (F5, F6) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) X WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The County will retain the right to negotiate the terms of agreement, including all forms of payment, that provide for critical services to County residents. Respond by September 25, 2019 2018-19 Consolidated Final Report with Responses 355 Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R7

The Board of Supervisors should instruct the County Administrative Officer to prepare and present for approval a policy that the County will not provide goods or services to contractors in lieu of cash. (F5, F6) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) X WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The County’s Purchasing Policy Manual Section 1.0 provides for the ethical standards for purchasing activities. Respond by September 25, 2019 356 Santa Cruz County Civil Grand Jury Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R9

The Board of Supervisors should instruct the County Administrative Officer to require, within the next 60 days, the public defense contractors to sign a customary use agreement with the County and, in the case of the alternative public defense contractors, pay reasonable compensation to the County for the use of the space. (F6) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe X REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: , the County will determine if it is necessary to require a customary use agreement for the office space in Watsonville, and study the alternative contractors’ use of the space. Respond by September 25, 2019 358 Santa Cruz County Civil Grand Jury Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R11

The Board of Supervisors should within the next 90 days instruct the County Administrative Officer to work with the Auditor-Controller, the Purchasing Agent, and County Counsel to propose a timeline for revising the County’s policies and procedures generally, including the implementation of the recommendations in this report concerning contract rules that Board of Supervisors decides to implement. (F8–F12) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe X REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The Board approves changes to the County’s policies and procedures twice per year. The CAO will evaluate the specific recommendations contained in the report, and make any necessary changes by the end of FY 2019-20. Respond by September 25, 2019 2018-19 Consolidated Final Report with Responses 359 Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R12

The Policies and Procedures Manual should include a statement identifying the policies and procedures that have been promulgated by the authority of the Board of Supervisors, citing the source of the authority for the Board of Supervisors to adopt the policies and procedures, and describing in reasonable detail the procedure for amending or revising the policies and procedures. (F8) HAS BEEN IMPLEMENTED – summarize what has been done X HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: This statement will be added in the December update to the policies and procedures manual. Respond by September 25, 2019 360 Santa Cruz County Civil Grand Jury Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R13

The County should present the online version of the Policies and Procedures Manual in a manner comparable to the online version of the County Code. (F8) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) X WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: County Code is an important public resource, and therefore exists on the internet. The Policies and Procedures Manual is an internal management document for use by County employees. It is available on the County’s intranet to all staff. The County’s policies and procedures are updated twice per year through an open and transparent Board process, and County staff are regularly trained on contracting policies and standard forms. Respond by September 25, 2019 2018-19 Consolidated Final Report with Responses 361 Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R14

The Policies and Procedures Manual should include a “readability policy” (i.e., a statement that County policies and contracts should be understandable by the County employees who can reasonably be expected to have to use or understand them) to appear at the beginning of the Policies and Procedures Manual and apply to each Title of the Policies and Procedures Manual. (F8) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) X WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: Standard practice for the Policies and Procedures Manual should include consistent numbering, clear indexing and headings to facilitate user access. County departments are expected to train their staff to work effectively with County policies and procedures that pertain to job duties. Semi-Annual modifications of the Manual allow County Management the opportunity to make changes as needed. Respond by September 25, 2019 362 Santa Cruz County Civil Grand Jury Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R15

A County readability policy should include a requirement to the effect that (a) each paragraph of a policy or contract must have a unique reference number, (b) each paragraph of a policy or contract must have a descriptive heading, (c) each paragraph of a policy or contract should address only one idea, (d) any requirement of a policy or contract to do something must identify a party or person as being responsible for doing the thing, and (e) the organization of any policy or contract should be predictable. (F8) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) X WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The County Board of Supervisors approves changes to the Policies and Procedures Manual twice per year. The CAO will review any related recommended changes and determine if they can be implemented in the sections the CAO has authority over, either as part of the December 2019 or June 2020 update. Respond by September 25, 2019 2018-19 Consolidated Final Report with Responses 363 Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R16

The County Administrative Office and the Auditor-Controller should work with the Purchasing Agent and County Counsel to rewrite the provisions of Policies and Procedures Manual Title I Section 300 in accordance with a County readability policy and move the provisions into an appropriate place or places in the Policies and Procedures Manual Title III Section 100. (F8) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) X WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The County Board of Supervisors approves changes to the Policies and Procedures Manual twice per year. The CAO will review any related recommended changes and determine if they can be implemented in the sections the CAO has authority over, either as part of the December 2019 or June 2020 update. Respond by September 25, 2019 364 Santa Cruz County Civil Grand Jury Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R17

The County Administrative Office should work with the Purchasing Agent and County Counsel to integrate the Policies and Procedures Manual with the County’s contract templates, including department-specific templates. (F8) X HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The County has a standard Independent Contractor Agreement (ICA). Department deviations from this standard are reviewed by the Risk Manager and County Counsel, and approved by the Board. The County maintains extensive contracting and purchasing rules that are updated and adapted frequently to changing circumstances. Department staff are trained on County policies and changes to those policies, and retain subject-matter expertise in their field to ensure that County contracts are reasonably negotiated. Respond by September 25, 2019 2018-19 Consolidated Final Report with Responses 365 Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R18

The County Administrative Office should work with the Purchasing Agent and County Counsel to ensure that the County’s contract templates and contract rules are consistent with each other. (F8) X HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The County has a standard Independent Contractor Agreement (ICA). Department deviations from this standard are reviewed by the Risk Manager and County Counsel, and approved by the Board. The County maintains extensive contracting and purchasing rules that are updated and adapted frequently to changing circumstances. Department staff are trained on County policies and changes to those policies, and retain subject-matter expertise in their field to ensure that County contracts are reasonably negotiated. Respond by September 25, 2019 366 Santa Cruz County Civil Grand Jury Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R19

The County Administrative Office should work with the Purchasing Agent and County Counsel to include in the Policies and Procedures Manual a section that contains most of the County’s rules concerning the form and substance of a contract and that identifies the locations of any additional rules concerning the form and substance of a contract. (F8) X HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: Title I, Section 300 of the Policies and Procedures Manual contains this information. Respond by September 25, 2019 2018-19 Consolidated Final Report with Responses 367 Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R20

The County’s contract rules should identify, or have a procedure for identifying, an individual who, with respect to each contract, will be responsible for ensuring that the County’s contract rules are followed. (F8) X HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: Department heads are responsible for ensuring compliance with County contracting rules, and vendor compliance to the contract. The contract system has the capability to name a contract manager, and it is up to the department head to utilize that field to delegate responsibility. Respond by September 25, 2019 368 Santa Cruz County Civil Grand Jury Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R21

The County’s contract rules should (a) provide for a checklist of the County’s rules concerning the form and substance of a contract, which should remain in the contract’s electronic file, on which the person responsible for the contract, with respect to each such rule, certifies that the contract complies, states that the rule is inapplicable with an explanation why, or explains how the contract does not comply and why and (b) require the CAO Analyst to confirm that the checklist is complete, that any exceptions are appropriate, and that the reasons for any exceptions are sufficiently documented. (F8) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) X WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The County has a standard Independent Contractor Agreement (ICA). Department deviations from this standard are reviewed by the Risk Manager and County Counsel, and approved by the Board. County Counsel approves County contracts as to form. The contract substance cannot reasonably be standardized due to the wide variety of contracts that are managed by County departments. The County maintains extensive contracting and purchasing rules that are updated and adapted frequently to changing circumstances. Department staff are trained on County policies and changes to those policies, and retain subject-matter expertise in their field to ensure that County contracts are reasonably negotiated. Respond by September 25, 2019 2018-19 Consolidated Final Report with Responses 369 Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R22

The County’s contract rules should include a policy (a price justification policy) that (a) applies to appropriations above an amount to be specified in the price justification policy (e.g., more than $300,000), (b) defines acceptable ways to evaluate cost, (c) requires that, when a contract is forwarded to the CAO Analyst, the department also submit a memo demonstrating that using one of the acceptable ways to evaluate cost establishes that the cost is justified, and (d) if possible, records the CAO Analyst’s acceptance of the cost justification memo on the SCZCM1000 Report. (F8) X HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The County maintains extensive and specific guidelines on price and necessary approvals, which are available to all County staff. Any contract over $100,000 requires a formal Request for Proposals (RFP) process approved by the Board. For most services, anything over $5,000 usually requires at least three quotes and a written justification for the selection of the vendor. Respond by September 25, 2019 370 Santa Cruz County Civil Grand Jury Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R23

The County’s contract rules should require that, for each service contract, the appropriate department has a written plan for measuring the performance of the contract that includes, as appropriate (a) one or more reports that the contractor will submit to the County, (b) other ways that the County will measure performance, (c) a description of how the department will analyze the performance data, and (d) a description of how the department will use the analysis. (F8) X HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The County has been moving towards outcome-based contracting. This is already prevalent in the County’s CORE, Human Services, Health Services, and Probation department contracts. Although this form of contracting is not appropriate for every contract type, the County agrees that outcomes should form the basis of most service agreements. The County is working to bring this form of contracting, where appropriate, to other County departments. The County also recently adopted a two-year operational plan and budget, and is currently engaged in performance measurement and program budgeting, which will bring more performance data to County programs and contracts. Respond by September 25, 2019 2018-19 Consolidated Final Report with Responses 371 Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R24

The County’s contract rules should require that, with respect to any contract that provides for payments for different purposes, the department work with the Controller’s Office, at the time of contract initiation and each amendment or renewal, to agree upon a set of code phrases to distinguish one payment from the other, require the contractor to identify the appropriate code phrase on the contractor’s invoices, and instruct the Controller’s staff to include the appropriate code phrase in the description of the payment. (F8) HAS BEEN IMPLEMENTED – summarize what has been done X HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The Auditor-Controller agrees with the importance of setting up distinguishing identifiers in the form of object codes or project codes prior to issuing a contract’s first payment. However, the responsibility for coding should lie with the department submitting the invoice, not the contractor. Contractors should not be relied upon to interpret our internal account coding. We will work with the departments to establish a more standardized description format and will implement changes as possible throughout FY 2019-20 and fully in FY 2020-21. Respond by September 25, 2019 372 Santa Cruz County Civil Grand Jury Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R25

The duties of the Clerk of the Board with respect to contracts should include, in addition to verifying that all required signatures are present, confirming that the agreement is properly dated, that each page is numbered, and that there are no blank spaces in the document (other than for initials). (F8) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) X WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The Clerk of the Board will not have expanded responsibility in regards to contracts. County departments are responsible for ensuring that contracts are properly formatted, and guidance will be provided to departments through trainings and updates to the Policies and Procedures Manual. Respond by September 25, 2019 2018-19 Consolidated Final Report with Responses 373 Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R11

The Board of Supervisors should within the next 90 days instruct the County Administrative Officer to work with the Auditor-Controller, the Purchasing Agent, and County Counsel to propose a timeline for revising the County’s policies and procedures generally, including the implementation of the recommendations in this report concerning contract rules that Board of Supervisors decides to implement. (F8–F12) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe X REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The Board approves changes to the County’s policies and procedures twice per year. The CAO will evaluate the specific recommendations contained in the report, and make any necessary changes by the end of FY 2019-20. Respond by September 25, 2019 2018-19 Consolidated Final Report with Responses 359 Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R11

The Board of Supervisors should within the next 90 days instruct the County Administrative Officer to work with the Auditor-Controller, the Purchasing Agent, and County Counsel to propose a timeline for revising the County’s policies and procedures generally, including the implementation of the recommendations in this report concerning contract rules that Board of Supervisors decides to implement. (F8–F12) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe X REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The Board approves changes to the County’s policies and procedures twice per year. The CAO will evaluate the specific recommendations contained in the report, and make any necessary changes by the end of FY 2019-20. Respond by September 25, 2019 2018-19 Consolidated Final Report with Responses 359 Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R11

The Board of Supervisors should within the next 90 days instruct the County Administrative Officer to work with the Auditor-Controller, the Purchasing Agent, and County Counsel to propose a timeline for revising the County’s policies and procedures generally, including the implementation of the recommendations in this report concerning contract rules that Board of Supervisors decides to implement. (F8–F12) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe X REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The Board approves changes to the County’s policies and procedures twice per year. The CAO will evaluate the specific recommendations contained in the report, and make any necessary changes by the end of FY 2019-20. Respond by September 25, 2019 2018-19 Consolidated Final Report with Responses 359 Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R26

The County should change County Counsel’s certification on a contract from “Approved as to Form” to a phrase that is less likely to mislead anyone about the function of County Counsel, such as “County Counsel has advised the initiating department with respect to this Agreement.” (F11) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) X WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: “Approved as to Form” is an industry standard, and the County does not believe that the current language misleads staff as to the function of County Counsel. Respond by September 25, 2019 374 Santa Cruz County Civil Grand Jury Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R11

The Board of Supervisors should within the next 90 days instruct the County Administrative Officer to work with the Auditor-Controller, the Purchasing Agent, and County Counsel to propose a timeline for revising the County’s policies and procedures generally, including the implementation of the recommendations in this report concerning contract rules that Board of Supervisors decides to implement. (F8–F12) HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe X REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The Board approves changes to the County’s policies and procedures twice per year. The CAO will evaluate the specific recommendations contained in the report, and make any necessary changes by the end of FY 2019-20. Respond by September 25, 2019 2018-19 Consolidated Final Report with Responses 359 Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer

R27

The County’s contract rules should require the County to retain all records pertaining to the services of a contractor until such time as the County’s record retention policies permit the destruction of all of the records. (F12) X HAS BEEN IMPLEMENTED – summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE – summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS – explain scope and timeframe (not to exceed six months) WILL NOT BE IMPLEMENTED – explain why Response explanation, summary, and timeframe: The County retains all records pursuant to State law and State Controller guidelines. Respond by September 25, 2019 2018-19 Consolidated Final Report with Responses 375 Santa Cruz County’s Public Defense Contracts Santa Cruz County Administrative Officer Penal Code §933.05 1. For Purposes of subdivision (b) of §933, as to each Grand Jury finding, the responding person or entity shall indicate one of the following: a. the respondent agrees with the finding, b. the respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. 2. For purpose of subdivision (b) of §933, as to each Grand Jury recommendation, the responding person shall report one of the following actions: a. the recommendation has been implemented, with a summary regarding the implemented action, b. the recommendation has not yet been implemented but will be implemented in the future, with a timeframe for implementation, c. the recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or director of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of the publication of the Grand Jury report, or d. the recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. 3. However, if a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a County department headed by an elected officer, both the department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary or personnel matters over which it has some decision-making authority. The response of the elected department head shall address all aspects of the findings or recommendations affecting his or her department. 4. A Grand Jury may request a subject person or entity to come before the Grand Jury for the purpose of reading and discussing the findings of the Grand Jury report that relates to that person or entity in order to verify the accuracy of the