Attachment #1 — Letter from Board of Sup.—Scott DeMoss

Recommendations 7

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  Civil Watchdog – to inquire into the willful or corrupt misconduct of public officials; to inves- tigate and report on at least one county official, department or function; and to inquire into the condition and management of public prisons within the county.
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  Criminal Indictment – to present to the court a criminal charge of a public offense against a person based upon evidence considered by the Grand Jury.
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  Accusation – to remove from office a public official based upon evidence of willful or corrupt misconduct considered by the grand jury. This judicial process is initiated by the Grand Jury. The Glenn County Civil Grand Jury is an arm of the Glenn County Superior Court and is considered part of the judicial branch of government. As such, the Grand Jury may ask the advice of the Super- vising Judge, the County Counsel, or the District Attorney. The Grand Jury may inquire into or in- vestigate a matter based on either a complaint or upon its own initiative. Glenn County 2021-2022 Civil Grand Jury Report are posted at Pag e — iv — of x 2021-2022 Glenn County Civil Grand Jury Report | Introduction The Role of the Glenn County Civil Grand Jury (Continued) Most of the work is done by committees, which can include Public Safety, Education, Public and Planning Works, Finance, Health and Human services, and the City/County Government. Subcommittees may be appointed as needed. The Grand Jury, as a body, meets once a month, and subcommittees meet as needed to fulfill their obligation to their investigation. The Grand Jury meets with county and city officials, visits local government facilities and conducts research on matters of interest and concern. The proceedings of the Grand Jury are kept confidential. Jurors may not discuss the business of the Grand Jury with other individuals. The Grand Jury’s authority is located primarily in Penal Code Sections §888-§939.91, et seq., and the accusation process that leads to the removal of a public officer is described in Government Code Sections §3060 – §3075, et seq. The Grand Jury receives letters from citizens expressing concern over matters of local government. Anyone may file a complaint with the Grand Jury, and all complaints to the Glenn County Civil Grand Jury are confidential. The Glenn County Civil Grand Jury considers all complaints for investigation. Complaints must be in writing, signed and addressed to: Glenn County Civil Grand Jury Foreperson P.O. Box 1023 Willows, CA 95988 All Grand Jury findings and recommendations are issued in written reports. Each report must be ap- proved by at least 12 members of the Grand Jury. At the end of the term, June 30, the Jury issues its final report. Copies of the report are distributed to public officials, libraries, news media and any entity that is subject of a report. Glenn County residents interested in serving on the Glenn County Civil Grand Jury can obtain an application/questionnaire from the court’s website at www.glenncourt.ca.gov. The form is located on the Grand Jury page under court information. Glenn County 2021-2022 Civil Grand Jury Report are posted at Pag e — v — of x 2021-2022 Glenn County Civil Grand Jury Report | Introduction Response Requirements and Instructions Two working days prior to the release of the Final Report, the Grand Jury will provide a copy of the report to all affected agencies of persons or persons. No officer, agency, department, or governing body of a public agency shall disclose the contents of the report prior to its public release. All affected agencies or persons shall respond to their specific portions of the final Report. Responses are to be in writing, or on computer disk to assist with duplication, and are to be submitted in a timely manner. Section §933(c) of the Penal code provides two different response times: (1) Public Agency: the governing body of any public agency must respond The response must be addressed to the Presiding Judge of the Superior Court. (2) Elective Officer or Agency Head: All elected officers or heads of agencies that are required to respond must do so to the Presiding Judge of the Superior Court, with an informational copy provided to the Board of Supervisors. The legal requirements for responding to individual reports in the Grand Jury Final Report, as contained in the California Penal Code, section §933.05, are summarized as follows: The responding agency or person must respond in one of two ways (Penal Code §933.05): Section (a) requires responses to Findings must: (1) agree with the Finding or (2) disagree wholly or partially with the Findings. The response shall specify the portion or part of the Findings that are disputed and shall include an explanation of the reasons for the disagreement; or (3) disagree wholly with the Finding Section (b) responses to Recommendations by the Grand Jury requires action. The reporting entity or person must report action on all Recommendations in one of four ways: (1) The Recommendation has been implemented with a summary of the implemented ac- tion. (2) The Recommendation has not been implemented but will be implemented in the near future with a time frame for implementation Glenn County 2021-2022 Civil Grand Jury Report are posted at Pag e — vi — of x 2021-2022 Glenn County Civil Grand Jury Report | Introduction Response Requirements and Instructions (Continued) (3) The Recommendation requires further analysis. If an entity or person reports in this manner, the law requires a detailed explanation of the analysis or study and time frame not to exceed six months. In this event, the analysis or study must be submitted to the director or head of agency being investigated. (4) The Recommendation will not be implemented because it is not warranted or is not rea- sonable, with an explanation of the situation. If either a Finding or a Recommendation deals with budgetary or personnel matters of a county department headed by an elected officer, both the elected officer and the Board of Supervisors shall respond if the Grand Jury so requests. The Board of Supervisors’ response may be limited, while the response by the department heads must address all aspects of the findings or recommendations. Mail or deliver all responses to: Presiding Judge Superior Court, County of Glenn 526 West Sycamore Street Willows, CA 95988 To request a response copy from responding elected officials or agency heads: Glenn County Board of Supervisors 526 West Sycamore Street Willows, CA 95988 Glenn County 2021-2022 Civil Grand Jury Report are posted at Pag e — vii — of x 2021-2022 Glenn County Civil Grand Jury Report | Introduction GLENN COUNTY GRAND JURY COMPLAINT FORM All information on this form is strictly confidential. This complaint should be prepared after attempts to correct the situation have been unsuccessful. Mail To: Foreperson, Glenn County Grand Jury PO Box 1023 Willows, CA 95988 Date: ______________________________________________ Complainant: ___________________________________________________ Name Title ______________________________________________________________________________ Agency of employment if employed by county Address: _______________________________________________________ Street City State Zip Name of person or agency complainant is reporting: ________________________________________________________________ Name Title Agency ________________________________________________________________ Address City, State Zip Phone/Cell Number Complaint: Please provide dates, times and names of individuals involved as well as a complete narrative of your complaint as well as any documentation that support your complaint. Attach additional sheets if necessary. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Glenn County 2021-2022 Civil Grand Jury Report are posted at Pag e — viii — of x 2021-2022 Glenn County Civil Grand Jury Report | Introduction Identify attempts made to correct this situation or issue as well as other agen- cies, person(s) contacted and approximate dates. Is there any additional information that you feel may be helpful in an investiga- tion? For Grand Jury Use Only: Date Received by Grand Jury: Date Acknowledgement Letter Sent: Committee assigned: Date of Action: Summary of Action Taken: Glenn County 2021-2022 Civil Grand Jury Report are posted at Pag e — ix — of x 2021-2022 Glenn County Civil Grand Jury Report | Introduction You must be the change you wish to see in the world. Mahatma Gandhi Glenn County 2021-2022 Civil Grand Jury Report are posted at Pag e — x — of x Final Report of the Findings and Recommendations 2021-2022 Glenn County Civil Grand Jury Report | Final Report of the Findings and Recommendations July 2019 — December 2020 Glenn County Civil Grand Jury Final Report Responses of the
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  The Recommendation will not be implemented because it is not warranted or is not rea- sonable, with an explanation, therefor: In addition to the requirement to include a timeframe when responding to Recommendations as indi- cated above, Penal Code §933 (c) sets a timeframe of 90 days following submission of a final report on the operations of any public agency subject to its reviewing authority. The governing body of the public agency shall comment to the Presiding Judge of the Superior Court on the Findings and Rec- ommendations pertaining to matters under the control of the governing body. The Grand Jury determined that all responses to Recommendations in the 2019-2020 Glenn County Consolidated Report were received in the proper time frame and were compliant with the exception of: • The Board of Supervisors, which stated they “concur”. This is not in compliance with the stated Penal Code §933.05(b) A letter dated May 30, 2021, was sent to the County Administrative Officer requesting a valid response and has not been received at this time. • The Glenn County Sheriff’s Office was confused by Findings 2, 3 and 4. They agreed with
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  At the time of the Grand Jury visit, the commander stated that this has already been fixed with a release placed on the inside of the freezer.
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  The SDS binder was not seen by the 2019-2020 Civil Grand Jury. The administration reported that it is stored in the locked office and would have been brought out if asked. The fire expression system has been updated. Most of the electronics have been updated except the pod door control on the control board in which they are still using small paper cups. Should a wrong door be opened, it could be detrimental to the site. They would like to have the entire control panel updated with the camera synced with the door controls as well as lock certain doors that take a more safeguard system. The quote was for $2.5 million to update the control panel. They are looking for a touch-screen system. The system is an integrated system so components could not be purchased at various times. Currently, cups are used to cover the door levers that open doors housing more dangerous inmates who could cause potential harm to other inmates and cor- rectional officers. The Visit and Tour During the months of Covid, February 2020-December 2021, the count rose to approximately 110 inmates. It was reported that during the wintertime they would house less inmates. The jail con- sists of six pods. Normally they can place up to 20 inmates in a pod. At the time of the Grand Jury’s visit, it was reported that one pod has 34 inmates, and 17 in another pod with the other pods sharing the rest of the inmate population. It was stated that while the total capacity is 144, they can safely house 124 due to separation of rival gangs. At all times there are three correctional officers inside the jail. The shifts run 12 hours, but over- time is normal. Men are working four-12 hour shifts per week plus overtime. Female correctional officers are working five -12-hour shifts because they are short staffed and can have up to 40 hours overtime per every two weeks. Currently there are three female correctional officers including the female Sergeant. One female must be assigned on all shifts. The jail must have three correctional officers on each shift with one in the control tower. This person cannot leave their position. Of the six pods one pod is designated for female inmates that can hold a maximum of 24. At the time of our visit, the facility was housing 12 female inmates. The jail is allocated 16 correctional officers and currently has 10 vacant positions. While the need for correctional officers is in great demand, the administration expressed the need for female cor- rectional officers. There are also two kitchen staff and one secure maintenance person. The Sheriff and Commander are having a difficult time finding potential officers that want to work in the jail. New employees have a five-week academy and a minimum eight-week field facility Glenn County 2021-2022 Civil Grand Jury Report are posted at Page — 56 — of 115 2021-2022 Glenn County Civil Grand Jury Report | Glenn County Jail training. The first week of training is fighting, handcuffing, and learning how to handle a com- bative person. Standard Training for Corrections (STC) occurs every year which is 24 hours in length. There is a Board of Safety Training throughout the year that correctional officers can take when time allows. Administration stated that the job is very difficult, and they want to ensure that the right person is hired for the right job. The facility must follow Title 15 Fair Treatment Policy to ensure that all inmates are treated fairly. A training record is kept in the correctional officer’s personnel record. All inspections are performed by the Board of State and Community Corrections (BSCC). This inspection takes place every two years Each pod has two tablets for the inmates to use. Most of the programs installed are learning pro- grams as well as the ability to watch movies. The inmates can receive chats from family members and see pictures. There are programs such as parenting class, AA classes, and self-help class. These courses will offer certificates that can be shown to the inmate's lawyer. The company, Global TelRate, controls the software, can monitor how the tablet is being used, and what is being watched by the inmate. The tablet has facial recognition, and each inmate has a password. They have a policy that the inmates cannot contact another inmate of leaving. Glenn County Office of Education Success One offers curriculum for a high school diploma. Cur- riculum is brought in for the inmates and their work is picked up and evaluated for sufficient credits for their diploma. It was not stated how many have received their diploma. A typical day starts at 4:30 a.m. when the lights come on, and the inmates clean their area and pods. At 7:00 a.m. - 7:30 a.m. breakfast trays are served and cleared. They clean and sanitize their pods again. Around 10:30 a.m. they take a nap or exercise. Inmates receive their lunch at 12 noon, after lunch they clean-up and have time for classes, exercise, medicine etc. Dinner is served from 5:30-6:00 p.m., then trays are cleaned and picked up. Lights are out by 9:00 p.m. Throughout the day the inmates are continually doing cleaning for Covid. As listed on Shouse California Law Group, “Assembly Bill 109 (AB 109), known as realignment, is a measure passed by California voters in 2011 that diverts defendants convicted of less serious felonies to serve their time in local county jail rather than state prison.” With the passing of AB109, the inmates could stay for several years which has caused issues throughout the facility environment, such as finding contraband in cells, inmate to inmate fighting, inmate to correctional officer issues, and higher costs in medical. Medical WellPass now provides a medical contract to the jail. The cost to the jail is $1.2 million with an increase in price by 4.5 percent increase every year. They are due to renegotiate the contract this year. AB109 allowed the inmate to stay for longer terms; therefore, the jail is seeing inmates with more severe medical conditions. With the longer stay and more severe medical conditions, the jail medical cost has risen more than double from what it was before AB109. Support Services The inmates receive various types of supportive services: mental health counseling, education, and religious sessions. Due to Covid, inmates do not participate in an outside work program. One service being instituted in the jail is for mental health medical assistance. Glenn County 2021-2022 Civil Grand Jury Report are posted at Page — 57 — of 115 2021-2022 Glenn County Civil Grand Jury Report | Glenn County Jail Transporting Inmates Since temporary courts are being used in both Willows and Orland, the staff uses a van to transport inmates. A gate needed to be remodeled to allow the van into the disembarking area. COVID-19 During the Covid months, the Glenn County jail housed 15 to 18 California Department of Cor- rections (CDC) inmates sentenced to State prison. The state’s CDC reported that they could not take them due to the COVID-19 shutdown. Approximately six months ago, the Sheriff wrote a letter to the CDC stating the hardship on the facility occupants and correction workers to continue to house those court mandated to the CDC. The CDC needed to take these inmates to their State facility. A few months before the Grand Jury visit, the jail released 15 inmates back to the CDC. Three were released from serving their time. During that time, most medical and assault incidents were all from CDC prisoners. During the months of COVID-19, the jail was seeing people booked and court released felons that would have normally been placed in jail. Instead, the courts were releasing offenders under the zero bail, who would then commit another crime, be rebooked and released again. Most offenders were those related to alcohol/drugs as well as domestic violence and child molestations. The jail does not have a negative pressure room to house the COVID-19 inmates. They would have to secure COVID-19 infected inmates in the holding cells having them clean their cells morn- ing and night. The jail staff then began to keep all inmates in their cells providing them with sanitary wipes to wipe down doorknobs, sink fixtures as well as having them clean their cells three times a day. The jail staff stated that they offered the inmates face masks, but they could not make them wear them. In doing so several inmates contracted COVID-19 and were isolated from the regular in- mates until the decision was made to keep them in their respective pod. Disaster Training All employees are trained in the process of evacuation including maintenance personnel. The disaster training is mostly on evacuation. Should a fire occur, the jail would not burn due to the makeup of the building. Should a gas leak occur, then the inmates would be directed outside to the exercise area. If there is a major disaster, they would be loaded into a bus until they were instructed on further evacuation plans. The normal site would be Butte or Shasta County jails, but if they have to go out of the area, they would be transported to Alameda County Jail. Glenn County 2021-2022 Civil Grand Jury Report are posted at Page — 58 — of 115 2021-2022 Glenn County Civil Grand Jury Report | Glenn County Jail The Tour The tour showed that the doors and jams needed painting as suggested by the 2019-2020 Grand Jury. These doors and jams are severely marred. The walkways were empty and clean. Looking from the control tower into the pods, they looked clean and tidy. Inmates were watching TV, read- ing, or napping. There were no disturbances or uprising when we were there. The kitchen area was clean and well supplied with needed cooking utensils. The air conditioning was comfortable at the time even though it was stated that it was chilly in the morning of our visit. The Grand Jury asked to be served lunch the same as the inmates received. The Jury was served soup and sandwiches which was enjoyed. Looking ahead The jail administration stated that they would like to have a full body scanner that is more efficient and less intrusive. The current scanner does not detect all forms of contraband. The new body scanner would cut down on contraband and illegal cell phones entering the jail. The cost of the full body scanner would be approximately $300 thousand. When asked about where the money could possibly come from, they stated that they were currently looking at various ways and differ- ent venues. The Administration would like to have more training for their Correctional Officers. Due to lack of staffing, training is held for required training only and not extra enhanced training. They would like to have several more tablets per pod, but this is determined by Global TelRate, the company that monitors and provides the tablets to Glenn County Jail.
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  Grant — National Institute of Health (NIH) Exploratory/Developmental Research Grant Award Glenn County 2021-2022 Civil Grand Jury Report are posted at Page — 28 — of 115 2021-2022 Glenn County Civil Grand Jury Report | Hamilton City Community Service District BACKGROUND: Hamilton City Community Service District (HCCSD) is an independent Special District in Glenn County. It was formed in December of 1969 by resolution of the Glenn County Board of Supervisors. It provides municipal services to residents in the unincorporated community. Services include mainte- nance of the wastewater treatment plant, library services, street lighting and park maintenance. The current Hamilton City Community Service District Board of Directors (HCCSD-BOD) consists of five community members, three of whom have been on the Board for less than one year. The Board hires a General Manager (GM) to preside over the operations of the district. The GM is charged with the hiring of personnel at the wastewater plant, the district office employees and library employees. The office employees are charged with billing and receiving payments for the wastewater plant and general miscellaneous office duties. METHODOLOGY: • Interview with the complainant • Interview with the HCCSD Board President • Interview with the current temporary GM • Interview with HCCSD Board member • Interview with the BOS District 5 Supervisor • Review of Policies for the Board of Directors • Review of the Employee Handbook • Review of past Board of Directors Agendas and Minutes • Review of pertinent invoices, credit card receipts and customer payment receipts • Review of the change of address file • Review of California Code of Civil Procedures Part 2 of Civil Actions Title 2 Action 315-330 DISCUSSION: The Grand Jury received a written complaint from a community member in Hamilton City concerning the alleged mismanagement of the Hamilton City Community Service District (HCCSD). The letter consists of complaints concerning office management and the wastewater plant. The HCCSD has management control utilizing a hired GM to oversee the local library, park, wastewater plant, and the office. The operation of the library may be returned to County operation. Six months ago, the GM resigned, and the current president of the board took over those responsibil- ities. After consultation with legal authority, it was determined that the Board President cannot be the GM due to the HCCSD Board of Directors employing the GM. The office building has a room for the HCCSD Board of Directors to hold their meetings. The Board President, with consultation of the GM, creates an agenda and gives it to the office employee for the monthly meeting. The office employee prints the agenda for the meeting and records the minutes Glenn County 2021-2022 Civil Grand Jury Report are posted at Page — 29 — of 115 2021-2022 Glenn County Civil Grand Jury Report | Hamilton City Community Service District during the meetings. In reviewing the minutes of past meetings, it was discovered that an office em- ployee had made motions during the meetings, and they were approved by vote of the HCCSD-BOD. In reviewing the HCCSD Policies and Procedures of HCCSD, the office employee is not a member of the HCCSD-BOD and therefore should not be making motions during BOD meetings. In review of the Policies and Procedures manual and Roberts Rule of Order, parliamentary procedure states, in general, only board members move and vote on actions. The staff is responsible for receiving semi-monthly payments for the wastewater plant. These pay- ments are sometimes in cash. According to the Policy and Procedures, the office employees are in- structed to give each payee a written receipt for all cash and other types of payments. HCCSD-BOD reported that customers complained about not receiving receipts and/or credit for payments made. The Board is considering having a website where payments can be made online. The website will also list important information regarding community events. The office staff is instructed to convert cash payments into money orders at either the post office or a local merchant. An office employee is responsible for securing payments and transporting them to the Finance Department in Willows for deposit. Upon questioning the employee by the Board Presi- dent/Acting GM and during an inventory of office equipment and supplies it was alleged that a large amount of cash and checks were discovered in the office safe. There was no explanation as to why that number of cash/checks were being retained. It was further reported when questioned about the usage of the district's credit cards and purchases, an employee allegedly put a credit card into the shredder and started shredding other documents. The employee was immediately ordered to stop and was allegedly dismissed for defiant actions. The keys to the office were allegedly surrendered by the employee. All locks to the buildings were subsequently changed. The employee was allegedly put on administrative leave until the following board meeting. During the board meeting. the employee was terminated. This employee had been a trusted employee for over 18 years. The Board has hired a consultant to manage the office, assist in auditing the office files, and inventory the office equipment. This consultant was contracted for a six-month term for a settled amount of money. Through interviews it was alleged that the consultant was transporting revenues to the finance department in Willows, which was beyond the consultant’s scope of duties. One of the HCCSD-BOD is now transporting the funds to the Finance Department. It was also reported that the consultant was taking minutes at the BOD meetings which should have been performed by one of the acting board members. (Attached is consultant’s contract and amendment.) In interviews with the BODs, it was stated that credit cards are used for some purchases. These cards are intended for emergency purchases only or if the merchant will not bill the district. The Grand Jury members reviewed credit card purchases and it appeared that several purchases that were made con- sisted of personal items not intended or useful for office or plant maintenance/repair. The cost of office supplies appears to be in excess of what was needed. In the past, purchase order forms were not used by the plant and office staff. The Board has changed its policies to institute the usage of purchase orders which requires two signatures, one by the employee and approved by the Board Pres- ident. Glenn County 2021-2022 Civil Grand Jury Report are posted at Page — 30 — of 115 2021-2022 Glenn County Civil Grand Jury Report | Hamilton City Community Service District In the interviews it was stated that the office employees are responsible for receiving any change of address for billing purposes. This process is required when properties are sold, traded, exchanged by owner and/or given to another person or entity. The address change file was empty when the Grand Jury’s interview took place. It was alleged that in the past this may have been abused by an office employee and an acquaintance by changing the original property owner’s name to the acquaintance's name and address. During the interviews, it was alleged that, owners passing away would have their address changed by an office employee to an acquaintance, and the acquaintance would pay taxes and all fees to establish ownership. After five years, this process enables the person paying all fees, sewer bill, PG&E, property taxes, etc. to claim ownership of the property. In the interviews, it was revealed that this allegedly may have been tried a few times. (See California Code of Civil Procedures Chapter 2 – §315-§330.) The GM who over saw the plant’s operation resigned approximately six months ago after being asked by a HCCSD-BOD member about operational procedures. It was reported that the questions asked of the former GM pertained to purchases, timecards, gas usage, etc. Some authorized/unauthorized pur- chases by the plant personnel were for woodworking equipment to build bird houses for the levee’s