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Extraído del Informe Consolidado
Esta investigación fue publicada originalmente como parte de un informe consolidado más amplio que contiene múltiples investigaciones. Consulte el PDF consolidado para ver el documento completo.
Monterey County Grand Jury
• 2014-2015
Monterey County Civil Grand Jury 2014-2015 Final Report
⚠️ Aviso de traducción: Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 25 findings
F1
Page 42
The business portal of the City’s web site does not permit a new business license applicant to apply for a business license on-line by using a fillable PDF form.
F2
Page 42
The City of Salinas has hired outside contractors to collect delinquent business license fees.
F3
Page 42
The business portal of the City’s web site does not contain a secure page for the payment of all license fees (initial and subsequent) by debit/credit card.
F4
Page 42
The City’s web site is incomplete in that it lacks a link to the definitions of all business types and a schedule of the current license fees for each type of business.
F5
Page 42
The City is losing revenue and failing to protect the public because its web site does not list the current business licensees and the dates each license expires.
F6
Page 53
The MPWMD supports the current Cal Am proposal to construct (and so own) a desalina- tion facility and has agreed to access low-cost funding for this project on behalf of Cal Am.
F7
Page 53
The MCWD has sufficient water to serve existing customers but will need reliable sources of additional water if proposed developments in Ft. Ord are to move forward.
F8
Page 53
2014 groundwater legislation could affect the MCWD’s current allocation of water from the Salinas Valley Basin.
F9
Page 53
A lack of permanent senior management at MCWD has led to instability within the organi- zation.
F10
Page 53
Individuals elected to the MCWD Board of Directors are not required to undergo formal training in governance, procedure, and chain of command.
F11
Page 53
The technology exists to track water use in real time, alerting technicians to serious water leaks; however, MCWD does not have this technology in place.
F12
Page 53
Excess surface water from the Carmel and Salinas Rivers could be used to recharge the aquifers, providing a method for “storing” water that would otherwise flow to the ocean. MPWMD is currently capturing water from the Carmel River.
F13
Page 53
The MOU signed by both districts and the Monterey County Water Resources Agency, the Monterey County Regional Water Pollution Control Agency, and the City of Salinas may lead to a more efficient use of reclaimed and treated wastewater across the county, pro- vided the MOU results in a signed agreement.
F14
Page 53
Conservation offset programs that involve conservation agreements between developers, water districts, and cities have significant potential to benefit both conservation efforts and city planning.
F15
Page 102
The governance and administration of the City is unduly influenced by the reportorial and editorial practices of The Carmel Pine Cone.
F16
Page 102
The position of City Treasurer is underutilized and so provides little benefit to the City.
F17
Page 102
The City Treasurer was isolated from any meaningful role in the contract/invoice disburse- ments and tracking system.
F18
Page 102
There was no evidence of any systematic review of contracts in excess of $25,000 by legal counsel as to form or content.
F19
Page 102
A significant amount of money is spent on outside counsel as it supplements the City At- torney position in numerous matters including but not limited to labor and employment concerns, public records requests, general business and facilities, joint powers agreements, municipal law, and miscellaneous lawsuits.
F20
Page 102
Historical averages of amounts spent on outside legal services over the past five years would support a full-time City Attorney and staff where such attorney would have experi- ence in contracts, employment matters, and Public Records Act requests, as well as munic- ipal law.
F21
Page 102
The City Council seriously failed to exercise its power of inquiry in its decision-making process regarding rehires, by excluding the City’s outside defense counsel from the process and by negotiating hasty settlements of claims in the early or pre-litigation stages, which precluded any meaningful scrutiny of these employment issues.
F22
Page 162
There are financial expenditures from the Inmate Welfare Fund that do not appear to be consistent with statutory requirements.
F23
Page 162
CFMG has been the sole provider of medical care at the Jail for 26 consecutive years. 149
F24
Page 163
Approximately 10% of the sworn deputies are on modified duty or other leave that reduces the workforce at the Jail, contributing to staff shortages and overtime.
F25
Page 163
There is minimal use of a formal progressive disciplinary system for staff infractions.
Recommendations 22
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R1Page 42Add to the Business Portal of the City’s web site the current business license application as a type-in fillable PDF form that can be sent to the City’s Finance Department via the City’s web site without an actual signature but with a checked verification of the information under penalty of perjury.
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R2Page 42The City of Salinas hire or assign an employee to track and collect delinquent business li- cense fees.
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R3Page 42Add a secure credit/debit card page so that license fees, new as well as renewal, may be paid on-line.
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R4Page 42Create a link to a page on the City’s web site that explains clearly to the public how to cal- culate the business license fees for all categories of businesses and include step-by-step ex- amples of how to calculate the fees for the most common businesses.
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R5Page 42Create and maintain on a periodic basis (at least annually), a data base on the web site that includes the names, addresses and telephone numbers of all of the City’s business licensees and when each license expires.
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R6Page 54MPWMD install water saving devices (low-flow toilets, water-efficient washers and dish- washers, aerators) in low-income housing units in conjunction with offset programs.
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R7Page 54The Marina Coast Water District (MCWD) continue conservation efforts to achieve addi- tional water savings.
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R8Page 54MCWD install technology to track water use in real time
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R9Page 54MCWD hire additional personnel to expand current conservation efforts by September 2015.
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R10Page 54MCWD institute offset programs for new residential and commercial developments that offer incentives for builders to pay for conservation efforts in other structures as part of permit approval beginning in January 2016.
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R11Page 54MCWD hire permanent General Manager and District Engineer as soon as possible to sta- bilize operations.
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R12Page 54MCWD provide mandatory and ongoing training for all board members, effective immedi- ately.
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R13Page 54MPWMD and MCWD keep abreast of new technology for conservation and desalination and utilize such technology when economically feasible.
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R14Page 54MCWD and MPWMD make all possible efforts to form an agreement with the signers of the wastewater MOU with the goal of having such an agreement in place
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R15Page 103The City Attorney manage the selection, and oversee the engagement of outside legal counsel, including the review and approval of their billings.
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R16Page 163Funds should be sought to purchase electronic mail scanning equipment for the mail room.
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R17Page 163When the Jail Medical Services contract next comes up for bid, it should be widely adver- tised and proposals should be actively solicited from as many different contractors as pos- sible.
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R18Page 163Analyze the possibility of providing medical services run by the Sheriff’s Office, in part- nership with Natividad Medical Center. 150
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R19Page 164The Sheriff should conduct a thorough analysis of all the causes of overtime, with the pur- pose of providing solutions.
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R20Page 164Allocate appropriate funds for the ongoing maintenance of the current Jail facility.
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R21Page 164In addition to the regular annual inspection, the Monterey County Health Department should conduct at least one unannounced inspection of the Jail facility each year.
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R12-13Page 76servers. Before each laptop computer is assigned forces rights, and promulgates to an employee of Natividad Medical Center, it under- regulations, develops policy goes a total volume disk encryption, which prevents and provides technical assis- unauthorized access to data storage. If the user is unable tance and public education to to connect with the system, the laptop becomes unus- ensure understanding of and able. compliance with HIPAA privacy and security laws. Every night the workstation computers are scanned for Health Information Exchange security. All websites accessed by staff are content fil- (HIE): the mobilization of tered and scanned for viruses on an ongoing basis. Some healthcare information elec- have USB ports turned off. Users have access only to tronically across organizations those networks for which they have a need to access. within a region, community or Smart phones can only access a guest network; they hospital system. have no internal access. Employees can be set up to ac- Information Technology (IT): the cess their Natividad network email via their smart application of computers and phones, but users must give permission for phone wipes telecommunications equipment by the IT Department, which would completely elimi- to store, retrieve, transmit and nate all storage data on the user’s cell phone. manipulate data, often in the context of a business or other The IT Department staff through its system can deter- enterprise encompassing com- mine who accesses data, what data is accessed, where puter hardware, software, elec- and when it is accessed, and what is printed. All accesses tronics, semiconductors, to patient records are logged. Any suspicious activity can internet, telecom equipment, e- be traced to a specific workstation for follow-up. commerce and computer serv- ices. The Natividad IT Department is working with other Protected Health Information county hospitals to create a Health Information Ex- (PHI): any information about change (HIE) where patient information can be shared health status, provision of electronically. Salinas Valley Memorial Healthcare Sys- health care, or payment for tem, Natividad Medical Center, and Community Hospi- health care that can be linked tal of the Monterey Peninsula are close to being able to to a specific individual, includ- connect with each other. Mee Memorial Hospital will ing any part of a patient’s med- follow. The HIE will be inclusive of county clinics and ical record of payment history. 63
Conclusions 2
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CL1The 2014/2015 Monterey County Civil Grand Jury was asked by the Mayor of Carmel to review the City’s policies and internal controls and to make recommendations. In addition, a formal Citi- zens’ Complaint was filed requesting that the MCCGJ examine City governance and failed over- sight. This Report is as comprehensive as possible, given the constraints of time and resources, and the systematic lack of cooperation by the City. However it could not purport to address all the complaints, issues and problems of Carmel-by-the-Sea’s management and governance. 87
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CL2Unfortunately, a seemingly popular Salinas elected official has conducted himself after taking of- fice in manner that reflects poor legal and ethical decisions, if not a disrespect for the law. He should consider placing the incompatible office difficulties behind him by paying the $5,000 fine without costing the City any further legal expense.