⚠️ 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.
Note: Missing finding numbers detected: F16, F17, F18, F19, F20, F21, F22, F23
Findings 16 findings
F1
The Grand Jury finds that the TCAPCD is doing an outstanding job. Even with a small budget and few staff they manage to maintain a high standard of air quality in Tuolumne County. This is accomplished by thorough investigation of complaints, strict monitoring, education and when necessary enforcement.
F2
The accusations in the complaint were unsupported by facts and documents that were examined.
F3
The TCPD had no jurisdictional responsibility in the matter of requiring a public meeting regarding the construction of a new biomass plant. Recommendations
F4
Use of frequent staff conversations, meetings, and trainings, has resulted in cohesive and strong internal working relationships in the TCSWD.
F5
Staff recognizes and is flexible with the ever changing regulations imposed by local, State and Federal funding sources. All changes to funding, whether increases or decreases, directly affect staffing and the ability to provide quality service. The TCSWD looks ahead to the immediate and long range impacts of State Assembly Bill 109 (AB109) and the Patient Protection and Affordable Care Act (PPACA) signed into law in 2010.
F6
Safety is a top priority for staff, clients and the public at the physical location of 29 the TCSWD which is located on Cedar Road North in Sonora. Specific precautions are taken to protect employees. Plexiglass separators and locked doors are in place between staff members and the lobby.
F7
On two unannounced on-site visits, no easily visible posted escape or evacuation plan was displayed in the lobby to protect clients or the public during an emergency situation.
F8
The lobby area was greatly improved over the four month period the Grand Jury reviewed the TCSWD. Recommendations
F9
CFPD retains some funds including donations, gifts and reimbursement in accounts separate from the County Auditor’s administration. Some of the accounts only required one (1) signature for fund withdrawal prior to the embezzlement. During our investigation, the Grand Jury learned that the Board now requires two (2) signatures. There is no formal policy with delegations and limits.
F10
There is difficulty in obtaining consistent, verifiable and factual information on the number of current personnel and salaries. Additionally, multiple requests for documentation were required to obtain basic documentation which should be made readily available to the public.
F11
The CFPD Board has three (3) members. 42
F12
The Board meeting agendas are posted at the Post Office and Fire Station on Friday afternoon for the regularly scheduled meeting on the first Monday of the month.
F13
The Board has no membership in larger State wide organizations that support Special Districts.
F14
The Standard Operating Procedures (SOP's) provided to the jury is not dated or signed. It is unclear as to whether it has formal approval from the Board. Review of this document found many missing pages, unfinished sentences, inconsistencies and omissions (e.g. cell phone use in bomb threat zones and a potential liability related to red light and siren usage also known as code three driving). These deficiencies may indicate this is a draft document. Recommendations
F15
The Board of Supervisors and Administrative staff are actively seeking new grants and funding opportunities to fund the Law and Justice Center. Recommendations
F24
“OSHA standards are not being followed regularly on a daily basis.” BOS Response:”Disagree. This is an all-inclusive statement that suggests that no OSHA standards are being followed. This is not the case. It is agreed that some operations do need to be brought up to OSHA standards.” CRA Response: “Disagree.” One note on Finding 24 - It is disturbing that last year’s Grand Jury allowed this finding verbiage to go unchallenged as presented. At the least, it is a broad and sweeping allegation with no supporting documentation provided. It is a call for the current and all future Grand Juries to carefully consider their final report contents.
Recommendations 18
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R1“The County should negotiate with representatives of bargaining units to come up with a plan to reduce benefits by a significant percentage. …” Response: “This recommendation has been partially implemented with securing the 2`nd Tier PERS program for allemployees who join the County after March 12, 2011. …” 12
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R2“Regarding document storage, the Jury found that paper documents were stored both in the ORR office and the County Archives facility. Accessing documents from the Archives is difficult since it is located several miles away. Due to this distance, the ORR has not been sending documents to the Archives in recent years. The Jury recommends that when the fiscal health of the County improves, and time and staff are available, documents be scanned and saved in digital format.” ORR Response: “Will be implemented as time and money allow.” Groveland Community Services District (GCSD) General Manager Gary J. Mello's response was on time and met the guidelines of the requirements stipulated by law. On September 11, 2012 the GCSD Board of Directors filed for a one month extension, until October 9, 2012. The 2012-2013 Grand Jury did not receive the response until April 2, 2013. In a response to a letter, dated March 21, 2013, from Judge Provost the GCSD stated they sent the response to the court in December 2012.
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R3“The County should investigate the feasibility of converting to a plan similar to a 401 K for local governments and reduce its contributions. …” Response: “This recommendation has been partially implemented in that research has been done and retirement reforms have and will continue to be one of many points of discussion in future labor negotiations.”
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R4“The County should adopt a proactive plan to support Governor Brown's Twelve Point Pension Reform Plan, (see
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R5“Paid leave days should be the same for all employees regardless of bargaining unit and should be reduced when in excess of 8-10 holidays, 6-8 sick leave days and 10 days vacation per year. …” Response: “This recommendation has been partially implemented in that significant changes in leave accrual rates and balances were recently made in the Executive/Confidential Unit Compensation Plan. …” As can be seen from the proceeding the County has already begun to review and implement a realignment of pay and benefits throughout the county. The major change has resulted from the establishment of a 2-tiered compensation plan. This system will improve the County’s financial position as more new-hires replace existing personnel and retirees. It would be prudent for future Grand Juries to continue monitoring the County’s PERS contribution short fall, and the methods used to make up the amount owed to PERS. Tuolumne Utilities District and Environmental Health Department The Tuolumne County Environmental Health Department (EHD) and the Tuolumne Utilities District (TUD) provided the following responses to the 2011-2012 Grand Jury recommendations:
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R6It is recommended that all local MOU's and protocols relating to “5150” 34 occurrences be reviewed bi-annually and revised as appropriate. It is further recommended that the 2013-2014 Grand Jury follow the progress of the revisions to completion. Request for Responses
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R7The Grand Jury recommends that the TCSWD immediately design and post an evacuation plan for the lobby of the TCSWD. A building safety plan should be visible and posted for clients, staff and the public in the event of an emergency evacuation pursuant to California Fire Code Sections 404.2 through 404.5.1. It is further recommended that the Grand Jury be provided documentation of such a plan. In addition, it is recommended that the 2013/14 Grand Jury review the status of the safety plan.
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R8“All first aid kits should be inspected monthly to ensure they properly stocked with necessary supplies and replenished as needed.” BOS Response: “The recommendation has not yet been implemented, but will by the end of December 2012. This is an OSHA requirement and will be overseen by the department's safety officer.” CRA Response: “This recommendation will be implemented by conducting first aid kit inspections in conjunction with the CRA Safety Officer's monthly fire extinguisher and fire alarm inspections. Also, if supplies are used from the kits, employees will be directed to let their supervisor know what they used so it can be recorded and replaced.”
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R9The District should consider moving all cash accounts to the County Auditor’s Office to ensure that a system of checks and balances is in place.
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R10Develop a master filing system which can be used to locate public documents when requested. Public documents must be provided when requested as required in the California Public Records Act, Government Code Section 6253.
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R11“Both Road and Fleet Services should be inspected semi-annually to ensure that safety regulations are followed and all safety apparel is used as intended.” BOS Response: “The recommendation has not yet been implemented, but will by the end of December 2012. This will be overseen by the department's safety officer. Monthly spot checks are also recommended to include observing proper use of safety apparel, fire extinguishers, eye wash stations, first aid kits, etc....” CRA Response: “This recommendation will be implemented through semi-annual inspections. Also, employees will be reminded to bring up any issues with PPE at the weekly safety meeting.”
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R12“All Road and Fleet Services employees, including supervisors should be required to take annual CPR and first aid classes as a condition of continued employment.” 18 BOS Response: “The recommendation has not yet been implemented, but will by the end of December 2012 with regard to basic first aid training. This training will be secured with the assistance of the Health Department. This recommendation will not be implemented with respect to CPR. Committing to initial and ongoing refresher CPR training would be a significant commitment of time and resources. Such training would be nice to do but is not required by OSHA and does not seem warranted.” CRA Response: “This recommendation relative to first aid training has not yet been implemented but will be by the end of December 2012. The CRA Safety Officer will coordinate with the County's Health Officer Dr. Todd Stolp and others to schedule first aid training for all Road and Fleet Services employees and supervisors at the frequency recommended by Dr. Stolp. This recommendation regarding CPR training will not be implemented. Such training would be nice to do but is not required by OSHA and does not seem warranted.”
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R13“It is highly recommended that any equipment be removed from the front of electrical panels. A black/yellow stripe tape should be placed 36 inches around panel boxes to distinguish areas to be kept clear.” BOS Response: “This recommendation has been implemented. All equipment has been moved and areas to be kept clear have been appropriately marked.” CRA Response: “This recommendation has been implemented and all equipment has been moved. Areas to be kept clear have been appropriately marked.”
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R14“Supervisors should designate an employee to inspect fire extinguishers monthly and initial tags.” BOS Response: “This was already occurring at the Fleet Services facility. As for all other fire extinguishers, the recommendation has not yet been implemented, but will by the end of December 2012. This is an OSHA and Fire Safety, Code requirement and will be the responsibility of the department's safety officer. It should be noted that the County already has a contractor that completes OSHA required annual service of all fire extinguishers.”
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R15“All fire extinguishers should be mounted in marked, readily accessible locations, according to safety standards.” BOS Response: “This is already occurring in the ANF Building and Fleet Services facility. As for Road shops, the recommendation has not yet been implemented, but will by the end of December 2012. This is an OSHA and Fire Safety Code requirement and will be the responsibility of the department's safety officer.” CRA Response: “All fire extinguishers in the A.N.F. building and at the Fleet Services facility are mounted and clearly marked. Any fire extinguisher that does not meet this standard at any of the other facilities will be corrected.” 19
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R18“It is highly recommended that the Supervisor of the Big Oak Flat facility establish weekly safety meetings.” CRA Response: “This recommendation has been implemented. All of the Road Crews and Fleet Services staff are required to conduct weekly or bi-weekly safety meetings.”
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R20“Eyewash stations should be installed, maintained, and inspected monthly ill all facilities.” BOS Response: “Eye wash stations already exist at all facilities. With respect to ongoing maintenance and inspections, the recommendation has not yet been fully implemented, but will by the end of December 2012. This will be the responsibility of the department's safety officer.” CRA Response: “Eyewash stations already exist at all facilities. The Jamestown facility eyewash will be relocated inside the main shop to prevent from freezing in winter. The Fleet Services eyewash station is inspected weekly by the Fleet Supervisor and inspection records are maintained for two years. This recommendation will be implemented by inspecting, repairing and maintaining eyewash stations in all of the facilities.”
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R24“The Jury recommends that the Risk Manager review OSHA standards and address compliance issues within the Road & Fleet Services Departments.” BOS Response: “This recommendation has not yet been implemented, but will before the end of December 2012. It should be noted that the HR/Risk Manager did review the Grand Jury's findings relative to general safety issues with the County Safety Committee on July 19, 2012. The Roads & Fleet Services Divisions were not specifically targeted. Instead, the HR/Risk Manager took the opportunity to review the responsibilities of each committee member relative to inspecting and ensuring safe working environments within their respective departments. This will need ongoing follow-up.” 20 CRA Response: “The management staff of the Road & Fleet Services Divisions are knowledgeable of OSHA standards; however, we concur that a review of current standards and additional safety training for employees would be beneficial. The CRA staff will work with the Human Resources Manager to conduct the recommended review.” A follow-up request was e-mailed to the Director of the Community Resource Agency at the end of 2012, requesting an update to the recommendations made by the 2011-2012 Grand Jury. These were listed as implemented but not completed in the responses filed by the Board of Supervisors and the Community Resource Agency. The CRA responded that the recommendations have all been implemented fully and are being monitored on an ongoing basis by the designated individuals within the department. Future Response Recommendation The Grand Jury would like to recommend that future response letters include the jury’s full verbiage of the recommendation as well as the agency or department response. Examples of this are the 2011-2012 responses from the Auditor-Controller, the Board of Supervisors, and the Sierra Conservation Center. As a reminder, past Grand Jury reports, along with requested responses are available for public review on the Tuolumne County website at http://www.tuolumnecounty.ca.gov/. Appendix A: 2011-2012 Response Monitoring Matrix 21