Placer County Grand Jury • 2004-2005

Placer County Grand Jury The following Placer County residents have qualified and been sworn to serve on this 2004-2005

Published: September 14, 2004 45 pages

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⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.

⚠️ 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: F12, F13, F14, F15, F16, F17, F18, F19, F20, F21, F22, F23, F24, F25, F26, F27, F28, F29, F30, F31, F32, F33, F34, F35, F36, F37, F38, F39, F40, F41, F42, F43, F44, F45, F46, F47, F48, F49, F50, F51, F52, F53, F54, F55, F56, F57, F58, F59, F60, F61, F62, F63, F64, F65, F66, F67, F68, F69, F70, F71, F72, F73, F74, F75, F76, F77, F78, F79, F80, F81, F82, F83, F84, F85, F86, F87, F88, F89, F90, F91, F92, F93, F94, F95, F96, F97, F98, F99, F100, F101, F102, F103, F104, F105, F106, F107, F108, F109, F110, F111, F112, F113, F114, F115, F116, F117, F118, F119, F120, F121, F122, F123, F124, F125, F126, F127, F128, F129, F130, F131, F132, F133, F134, F135, F136, F137, F138, F139, F140, F141, F142, F143, F144, F145, F146, F147, F148, F149, F150, F151, F152, F153, F154, F155, F156, F157, F158, F159, F160, F161, F162, F163, F164, F165, F166, F167, F168, F169, F170, F171, F172, F173, F174, F175, F176, F177, F178, F179, F180, F181, F182, F183, F184, F185, 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Findings and Recommendations 12 findings

ARD’s outside legal counsel has not provided a cost effective, stabilizing influence in recent years.

Related Recommendations (1)

ARD evaluate the retention of new outside legal counsel to provide a fresh perspective on its legal issues and the cost effectiveness thereof.

ARD’s outside auditing firm has remained the same for five years.

Related Recommendations (1)

ARD’s outside audit firm be changed.

ARD lacks a Board approved Capital Improvement 5-Year Plan.

Related Recommendations (1)

ARD’s board annually approve a Capital Improvement 5-Year Plan.

ARD is evaluating the need for an operational/management audit.

Related Recommendations (1)

ARD commission an operational/management audit. 3

ARD’s financial information has lacked timeliness.

Related Recommendations (1)

ARD develop and maintain its financial information on a timely basis; approval of monthly financial statements should never lag more than one month.

ARD has not implemented a clear procedure for investigation of harassment claims against the district.

Related Recommendations (1)

ARD implement a clear policy regarding the handling of harassment claims against the district, and bring closure to existing claims expeditiously.

ARD is evaluating a revision to the Board Procedures and Responsibilities Policy.

Related Recommendations (1)

ARD adopt a current revision to the Board Procedures and Responsibilities Policy and ensure members adhere to that policy in conducting their activities.

ARD board members do not receive enough timely training regarding the Brown Act, and have a limited understanding of its ramifications.

Related Recommendations (1)

ARD ensure all board members have timely Brown Act training. This training should not be limited to merely handing out relevant materials and hoping board members read it.

ARD enjoys widespread community support.

Related Recommendations (1)

ARD find a way to leverage its community support to achieve a more favorable perception of the district. An active public relations effort would be highly beneficial.

F10

All new PGO supervisors for the past several years have initially known nothing of PGO work and have required basic PGO training.

Related Recommendations (1)

R10

The 2005-2006 Grand Jury continue to monitor ARD, ensuring these recommendations are implemented. Respondents ( ) (See pages 39-42 for Respondents’ Instructions): • Auburn Area Recreation and Parks District Administrator Respondents ( ) (See pages 39-42 for Respondents’ Instructions): • Auburn Area Recreation and Parks District Board of Directors 4 PLACER COUNTY MAIN JAIL Summary A new 120-bed wing was added to the Placer County Main Jail in March, 2003, increasing the jail’s potential capacity to 646 beds. However, as a result of earlier budget shortfalls and, more recently, the delay of hiring, 106 beds are still not being used. In the year 2004, 37% of all inmates were released early because the added 120 beds were not used. In early 2005, 14 beds were made available for use, but 106 beds are still not being used. Therefore, the Grand Jury recommends the county take the steps necessary to make use of these 106 beds and also recommends the county Personnel Department work closely with jail staff to facilitate the hiring of the necessary officers to fully staff the jail. Narrative

F11

Follow-up on the PGO situation by the 2005-2006 Grand Jury. Respondents (within 60 days) (see pages 39-42 for Respondents’ Instructions): • Public Guardian’s Office • Health and Human Services Department • Placer County Executive Officer 27 BURTON CREEK SHERIFF’S SUBSTATION Summary The Burton Creek Sheriff’s Substation and related courtroom facilities are outmoded and have reached the point where future remodeling is not cost effective. Therefore, the Grand Jury recommends active planning started for a new enlarged facility on a site already owned by Placer County. Narrative Background to Investigation. Penal Code Section 919(b) states: “The Grand Jury shall inquire into the condition and management of the public prisons within the county.” Accordingly, the 2004-2005 Placer County Grand Jury visited the Burton Creek Sheriff’s Substation and related courtroom and other facilities. Because the Grand Jury has visited and reported on the Burton Creek facilities for each of the past several years, the Grand Jury also followed up on the specific recommendations of previous Grand Juries. Inadequacy of the Current Burton Creek Sheriff’s Substation Facility. The current facility housing the sheriff’s substation and courtroom functions, built in 1960, has been remodeled many times. The Sheriff’s Office has off-loaded some of its operations to a nearby rented facility. However, this is only a minor aid to the basic problem of having an outmoded and inadequate facility. Based on Grand Jury observations and interviews, the current facility does not have the space needed to perform its required functions properly, nor is the facility amenable to the type of remodeling that would be required to make it a proper facility. Contractual Arrangements between Placer and Nevada Counties. Truckee, located near Tahoe City (but in Nevada County), houses a Nevada County Sheriff’s facility and related courtroom. Placer County contracts with Nevada County for the Truckee facility as needed to house inmates arrested in Placer County. This contractual arrangement helps Placer County to minimize space requirements in its Burton Creek Substation holding cells. Placement of New Sheriff’s Substation in Cabin Creek Area. Property in the Burton Creek/Tahoe City area is much more expensive than in most other areas of Placer County. However, Placer County owns the property housing the current Burton Creek Substation. Placer County also owns property in the Cabin Creek area which could be used to build a new Substation facility. The Cabin Creek area is located several miles north of Tahoe City, and is much closer to Truckee. The Grand Jury received a memorandum from the Placer County Assistant County Executive Officer which had been prepared by the Facility Services Department. The department estimated costs of a vehicle maintenance building 28 and a sand storage building on the Cabin Creek site. This same site might be used as a future sheriff’s substation and court. Active Planning Needed for a Future Substation Facility. While some of the Burton Creek Sheriff Department officials have presented the idea of building a new substation and courtroom facility at Cabin Creek, the idea has not been developed in detail, and thus has not been considered by policy makers. In order to effectively develop these concepts, it is important to have the pertinent Placer County entities start to plan for a new substation. Findings The 2004-2005 Placer County Grand Jury found: 1. The Burton Creek Sheriff’s Substation is housed in an inadequate facility.

Related Recommendations (1)

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Follow-up on the PGO situation by the 2005-2006 Grand Jury. Respondents ( ) (see pages 39-42 for Respondents’ Instructions): • Public Guardian’s Office • Health and Human Services Department • Placer County Executive Officer 27 BURTON CREEK SHERIFF’S SUBSTATION Summary The Burton Creek Sheriff’s Substation and related courtroom facilities are outmoded and have reached the point where future remodeling is not cost effective. Therefore, the Grand Jury recommends active planning started for a new enlarged facility on a site already owned by Placer County. Narrative

F2005

In addition, he served on the San Bernardino County Grand Jury in the 1990’s. The 2004-2005 Grand Jury organized itself into nine Standing Committees for purposes of research, study, and preparation of reports. All reports herein have been approved by the Grand Jury’s full panel. The nine committees are as follows: Audit and Finance County Administration Health and Welfare Cities Criminal Justice Schools and Libraries Continuity Editorial Special Districts i TABLE OF CONTENTS Transmittal Letter……………………………………………………..…….………..…i Grand Jury Roster and Structure…………………………..……………………..….ii Table of Contents…………………………………………………..……….……..…..iii Auburn Area Recreation and Parks District…………………………..……….……1 Placer County Main Jail………………………………………………….…….……..5 Gender Bias in Domestic Violence Cases…………………………….…….……...8 Conflict of Interest and Record Keeping Practices of Planning ………… ….….11 Commissions and Design Review Boards of Cities in Placer County Placer County Public Guardian………………………………………….…….……22 Burton Creek Sheriff’s Substation…………………………………………….……28 Emergency Responses for the Elderly…………………………………….………30 City Jails within Placer County………………………………………….….……….33 Juvenile Detention Facility………………………………………………….….……35 Placer County Annual Audit………………………………………….…….………..37 Note to Respondents…………………………………………………………….…..39 California Penal Code Section 933.05……………………………….………….…41 List of Respondents..………………………………………………………………..43 ii AUBURN AREA RECREATION AND PARKS DISTRICT Summary The 2004-2005 Grand Jury continued work on four complaints received by the 2003-2004 Grand regarding the Auburn Area Recreation and Parks District (ARD), as well as an additional complaint received by the current Grand Jury. These complaints included allegations regarding receipt and disbursement of funds designated for a specific use, timeliness and accuracy of financial reports, independent investigation of claims alleged against board members by staff, Brown Act violations, and procurement issues. The Grand Jury found problems identified by previous Juries unaddressed along with additional matters of concern, and makes recommendations to improve ARD’s operations. Narrative Background to Investigation. Issues in ARD’s operations have been noted by previous grand juries. The 1997-1998 jury conducted an ARD investigation resulting in eight recommendations. The 2003-2004 Grand Jury’s ARD investigation led to four recommendations: 1. Better compliance with the Brown Act.

No recommendations for this finding

Commendations 12

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The City of Auburn for having written procedures for recusal when a conflict of interest exists and for noting the nature of the conflict in the meeting minutes.
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The Cities of Rocklin and Roseville for maintaining a map of conflict zones for property of members of their Planning Commission to assist appointees and staff in identifying when a conflict may exist. Respondents (within 60 days) (See pages 39-42 for Respondents’ Instructions): • City of Auburn • City of Colfax • City of Lincoln • Town of Loomis • City of Rocklin • City of Roseville 20 Appendix A WEBSITES FOR GOVERNMENT INFORMATION Brown Act www.caag.state.ca.us/publications/2003_Intro_BrownAct.pdf California Laws www.leginfo.ca.gov/calaw.html California State Attorney General www.caag.state.ca.us City of Auburn, CA www.auburn.ca.gov City of Colfax, CA www.ci.colfax.ca.us City of Lincoln, CA www.ci.lincoln.ca.us Town of Loomis, CA www.loomis.ca.gov City of Rocklin, CA www.rocklin.ca.gov City of Roseville, CA www.roseville.ca.us Fair Political Practices Commission, State of California www.fppc.ca.gov Institute for Local Self Governance, League of California Cities www.ilsg.org State of California www.ca.gov 21 PUBLIC GUARDIAN’S OFFICE Summary The 2004-2005 Placer County Grand Jury followed up on the 2003-2004 Grand Jury’s investigation in the management and operation of the Public Guardian’s Office (PGO). The PGO performs legal guardianship services for about 180 persons. The current year’s investigation found continuing (and ever increasing) problems in that office, to include: management, staffing, warehousing, and performance of basic required tasks. During the past year, there were a few efforts by the Department of Health and Human Services (HHS) to make improvements, but these efforts were inadequate. As a result, the Grand Jury recommends significant management changes for the PGO. Narrative Background to Investigation. The 2004-2005 Placer County Grand Jury began its investigation into the PGO by following up on the report made by the previous Grand Jury. In addition, the Grand Jury’s Health and Human Services Committee noted several other previous Grand Juries had reported on inadequacies in PGO operations. In response to these reports, the Placer County HHS has consistently stated that improvements would be made; however, the proposed changes were never implemented. Therefore, the Committee decided to perform an in-depth investigation of the PGO operations. Responses to the 2003-2004 Grand Jury Recommendations by HHS. HHS provided responses to the 2003-2004 Grand Jury’s recommendations three times: in August 2004, December 2004, February 2005. With each response, HHS came closer to satisfying the recommendations. Not until the latest response, however, does it seem HHS has a semblance of understanding the PGO problems, and still offer no well defined plan to correct them. Identification of Additional Problems within the PGO. The Committee conducted interviews with two PGO supervisors, every PGO employee, and the HHS director. The Committee visited the PGO twice, and toured both the old and new warehouses. The Committee identified a number of problems, including: • Poor management and supervision. • Staffing shortages. • Warehousing. • Filing backlog. • Lack of standardized policies, procedures, and workload management.
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Warehousing. The Committee toured the two warehouses in January 2005. The first warehouse was used to store the belongings of approximately 26 clients. The items in the warehouse were poorly arranged, not well identified, and not well catalogued. Items belonging to other agencies were interspersed with items belonging to the PGO clients. The second warehouse is in a building modified to store PGO clients’ property exclusively. The move to this warehouse facility was made in March 2005 and seems to have rectified all concerns – a major improvement.
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Filing Backlog. Interviews with staff indicated some files have not been closed in two years. Staff indicated the filing was kept current when all staff positions were filled two years ago. Since then, the three deputies and the clerical person state they have not had time to do much filing. Therefore, there is a major filing backlog.
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Lack of Standardized Policies, Procedures, and Workload Management. In interviews, all personnel noted the PGO has no procedure manual. They also stated about five years ago a manual was being developed, but it was somehow lost. Nothing has been done to develop a new one. It became apparent there was a wide variance among the different deputies’ practices in areas such as “frequency of visits of clients” and “storage items maintained for clients.” There are neither formal job descriptions nor guidelines for any PGO staff members. 23 In February 2005, the HHS Director told the Committee it had been determined that the PGO would adopt the Policy and Procedure Manual for Public Guardians used in Sacramento County. Interviews with the Public Guardian Supervisors. The Committee interviewed the interim supervisor on two occasions, in October 2004 and January 2005. The Committee also interviewed the new supervisor (appointed in January 2005) in January, February, and April 2005. She is on probation for the first few months of her assignment. The former PGO interim supervisor was promoted and is now the immediate supervisor of the new PGO supervisor. The Committee was disappointed in its two interviews (October 2004 and January 2005) with the interim supervisor. In spite of the fact that he was the person with prime responsibility for supervising the PGO, he seemed unaware of the scope of the previous Grand Jury’s report. He had a paucity of knowledge about the PGO operations, and had no definitive plan for improving the PGO. This lack of awareness on his part extended to each of the areas of the committee’s concerns. He either did not know or care about staffing shortages, warehousing problems, filing backlog, or lack of a procedures manual. He had extremely limited knowledge of the duties of the PGO staff, and was unable to answer even the most basic questions about PGO operations. Sometimes, his answers to the committee’s questions were quite puzzling. When the committee asked about whether the supervisor was assigned full-time to the PGO, he claimed that he was indeed assigned full-time, but that he was also assigned full-time to another area. The committee asked if this meant that the PGO was only getting his time for 20 hours per week. His answer was “he worked 40 hours per week in both the PGO and the other office, for a total of 80 hours per week.” Later, upon review of the HHS budget, the Committee learned that both he and his predecessor had nominally been assigned 50% of their time to the PGO. In the interviews with the newly appointed PGO supervisor, the Committee was impressed with her desire to do an effective job. She is new to the PGO work and will need to be trained before she can be effective. In the recent re-shuffling of assignments within her particular area of HHS, she has been given supervisory responsibilities for three programs: PGO, Adult Protective Services, and Public Administrator. Unfortunately, staff members working in these three programs have their offices in different buildings. Interviews with Deputies and Clerical Staff. The Committee interviewed each of the four employees assigned in that unit: three deputies and one clerical worker. The Committee was impressed with the job knowledge and work ethic of each of them. 24 Deputies. Two of the deputies have worked for 10 years in their PGO jobs, while the other has worked 11 years there. Their job as conservator is quite complex and involves a number of legal issues. This means they must work closely with the Placer County Counsel’s Office. Every 1st and 3rd Thursday the deputies have various court appearances. When asked how they were trained for their jobs, they stated there was no training; they basically learned to do the work “on the job,” using the Public Administrator’s Office for guidance in the absence of their own department’s supervision. The deputies have had a history of having supervisors within HHS who had no knowledge of the PGO, so each new supervisor had to be trained. This situation has prevailed for the past ten years and has exacerbated in the past two years. The deputies recognize the problems of the chaotic warehouse and the filing backlog, but are so busy trying to keep up with their clients’ most basic needs they have not been able to do this other work. They claimed they have made repeated attempts to work with their supervisors to improve the condition of the warehouse. They stated they offered to come in on a Saturday on their own time for warehouse cleanup. They said they found an opportunity to purchase some inexpensive shelving for the warehouse, but their supervisor rejected that idea. In spite of their difficulties, the deputies have good attitudes and are doing a good job. Clerical Worker. The clerical worker has been in the PGO since 1988. Her official title is Senior Services Administration Clerk. Because of the arrangement of certain types of clerical workers, the clerical worker in the PGO does not report to the same supervisor that the case deputies do. Her supervisor is in the Clerical Pool. This means she has no in-PGO supervision. Because she is a “one-person” operation, she has no backup. When she is not at work, no one answers the phone, or does her work. This is a major problem, because much of her work involves tasks related to the court, such as new petitions, conservator- ship renewals, and court filings. She must prepare for court every 1st and 3rd Thursday of each month. The clerical worker is the only person who understands the details of this job. There is no written job description, and apparently, the job has evolved over the past 17 years. There is a procedural manual covering the court documents. Years ago two clerical persons performed complementary tasks. However, two years ago, the other clerical worker left her job, went on a non-job related disability, and moved out of the county. The Committee found it difficult to understand why that position is still being held in her name. The remaining clerical worker states the best thing to do to improve the PGO operation would be to replace the unfilled clerical position. Many things are not 25 getting done, e.g., no case files have been closed in over two years. She says “it doesn’t help if a temporary person comes in because it takes too long to train someone how to do the job if they only stay a short while.” Also, there is a significant volume of mail, and it would help to have an additional clerical person perform the mail opening/distribution task. Interview with HHS Director. In February 2005, the Committee interviewed the HHS Director. He has been in his current position under one year, so he has had a limited background in dealing with the PGO. He has many responsibilities in managing an 800 plus person department, so the PGO is a small part of his responsibility. Nevertheless, in response to the 2004-2005 Grand Jury’s investigation of the PGO, he has devoted attention toward fixing the problems. No substantive changes in the PGO operation took place before the HHS Director got personally involved. The Committee presumes he has been the catalyst in getting some improvements made: • Two temporary half-time positions have been designated for the PGO, to assist with the clerical functions, with these positions to be filled by the end of the fiscal year. • The Public Guardian Procedures Manual used by Sacramento County has been obtained but is not yet adapted for use by Placer County. When the Committee questioned the wisdom of assigning a new supervisor only 1/3 time to the PGO, the Director cited budget constraints within HHS as the reason for that decision, and stated this was a necessary step. The Committee also questioned the value of hiring two half-time temporary personnel to do the work of the former clerical person. He stated again this was a budgetary measure and the use of the temporary people would save money.
CM6

JDF Facility. The facility itself is extremely clean and spacious with an open, covered physical education (PE) area. The individual quarters used by the youth were well lighted and neat. The facility is sizable enough that the county is able to rent space at the hall to outside counties; this practice will result in cost savings.
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The Daily JDF Operational Program for the Youth. JDF staff members operate a full functional and well-balanced program for the youth who stay at the facility. The youth are kept busy at all times with education, counseling, and recreation activities. Discipline is well handled, with incorrigible youth being isolated from the general population in a special section of the facility.
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The Adaptation of the System Management, Advocacy, and Resource Team (SMART) Methodology. The SMART method, which emphasizes a team approach, is used to the advantage of each youth who is within the JDF.
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Recidivism Rate, and Numbers of Youth Served. The recidivism rate for youth offenders has improved in Placer County in recent years. There has been an emphasis on trying to keep youth offenders in their own homes. This approach has been successful, as evidenced by the fact that out-of- home placement is down by 60%. Thus, offending youth are remaining much more in their own homes and staying less in JDF. 35
CM10

Average Length of Stay. Again, with emphasis on having offenders stay a minimum of time in the Juvenile Hall, the average length of stay at the JDF is only two weeks.
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The 2004-2005 Placer County Grand Jury commends the JDF staff members. Respondents: No response is necessary. 36 PLACER COUNTY ANNUAL AUDIT Summary The 2004-2005 Placer County Grand Jury performed its oversight functions of the county’s accounting and auditing procedures and practices. The Grand Jury’s Audit and Finance Committee reviewed accounting and auditing operations with the county’s independent auditing firm and with the county’s Auditor-Controller’s Office. The Committee was impressed with all the accounting and auditing practices and results. The Grand Jury commends the Placer County Auditor-Controller and her staff. Narrative Background to Investigation. California Penal Code Section 925 requires county grand juries to “… investigate and report on the operations, accounts, and records of the officers, departments, or functions of the county… “ Accordingly, the 2004-2005 Placer County Grand Jury’s Audit and Finance Committee performed an investigation of the county accounting and auditing procedures, practices, and results. Committee Meetings with the Independent Auditors for Placer County. Placer County has contracted with the Certified Public Accountants and Management Consulting Firm of Bartig, Basler, & Ray to perform its annual independent audit. The Committee met with Bartig, Basler, & Ray representatives, reviewing the procedures and results of its Placer County audit. The results of their audit indicated that all significant accounting and auditing issues had been properly executed. Meetings with Placer County Auditor-Controller’s Office. The Committee met with the County Auditor-Controller’s Office to review its accounting and auditing practices. The Committee was impressed with the work being done by the Auditor-Controller’s Office. The Government Accounting Standards Board is the national accounting and financial reporting standards setting body for government entities. However, four years ago, in an effort to perform its work at an even higher level, the Placer County Auditor-Controller’s Office chose to perform its accounting work to the demanding standards of the Government Finance Officers Association for Comprehensive Annual Financial Reports (CAFR). Each of the past three years, the county’s full compliance with requirements associated with CAFR has earned the county the highest recognition in government accounting and financial reporting through the receipt of a Certificate of Achievement for Excellence in Financial Reporting. The county’s office expects to receive recognition again this year from CAFR. 37 The Auditor-Controller’s Office reports that it is in the second year of a three-year program to support the County Executive’s Office in the implementation of “Governing for Results,” a performance based budgeting and reporting system. This system is expected to improve departmental objective settings and measuring of performance against those objectives. It is expected that “Governing for Results” will be used by all county departments next year.
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The 2004-2005 Placer County Grand Jury commends the County Auditor- Controller’s Office for its excellent work. Respondents: None required. 38 Note to Respondents The legal requirements affecting respondents and responses to Grand Jury findings and recommendations are contained in California Penal Code, Section 933.05. The full text of the law is printed below. Each Respondent should become familiar with these legal requirements and, if in doubt, should consult legal counsel prior to responding. For the assistance of all Respondents, Sections 933.05 of the California Penal Code is summarized as follows: How to Respond to the Findings The responding person or entity must respond in one of two ways: (1) That you agree with the finding. (2) That you disagree 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 for the disagreement. How to Report Action in Response to Recommendations Recommendations by the Grand Jury require action. The responding person or entity must report action on all recommendations in one of four ways: (1) The recommendation has been implemented, with a summary of the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis. If a person or entity reports in this manner, the law requires a detailed explanation of the analysis or study must be submitted to the officer, director, or governing body of the agency being investigated. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. Budgetary or Personnel Recommendations If either a finding or 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. While the Board of Supervisors’ response is somewhat limited, the response by the department head must address all aspects of the finds or recommendations. 39 Appearance Before the Grand Jury Prior to the publication or release of Grand Jury findings, the Grand Jury may request a personal appearance by the person or entity to discuss the proposed findings. Advance Release of Grand Jury Report Disclosure Prohibited Prior to Public Release Two working days prior to release of the Final Report, the Grand Jury will provide a copy of the portion of the report to all affected agencies 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. Time to Respond, Where and to Whom to Respond Section 933.(c), Penal Code, depending on the type of Respondent, provides for two different response times and to whom you must respond: (1) Public Agency: The governing body of any public agency must respond within ninety (90) days. The response must be addressed to the Presiding Judge of the Superior Court. (2) Elective Office or Agency Head: All elected officers or heads of agencies who are required to respond must do so within sixty (60) days, to the Presiding Judge of the Superior Court, with an information copy provided to the Board of Supervisors. The Presiding Judge of the Placer County Superior Court system is: The Honorable Frances Kearney Presiding Judge of the Superior Court County of Placer 11546 B Avenue Auburn, CA 95603 Also, please send a carbon copy to the Placer County Grand Jury, addressed as follows: Placer County Grand Jury 11490 C Avenue Auburn, CA 95603 40 California Penal Code Section 933.05 a. For purposes of subdivision (b) of Section 933, as to each Grand Jury finding, the responding person or entity shall indicate one of the following: (1) The Respondent agrees with the finding. (2) 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. b. For purposes of subdivision (b) of Section 933, as to each Grand Jury finding, the responding person or entity shall indicate one of the following actions: i. The recommendation has been implemented, with a summary regarding the implemented action. ii. The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. iii. The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the grand jury report. iv. The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. c. However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a County agency or department headed by an elected officer, both the agency or 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 agency or department head shall address all aspects of the findings or recommendations affecting his or her agency of department. 41 d. 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 findings prior to their release. e. During an investigation, the Grand Jury shall meet with the subject of that investigation regarding that investigation, unless the court, either on its own determination or upon request of the foreperson of the Grand Jury, determines that such a meeting would be detrimental. f. A grand jury shall provide to the affected agency a copy of the portion of the Grand Jury report relating to that person or entity two (2) working days prior to its public release and after the approval of the Presiding Judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the Final Report. 42 Respondents Entity Page Auburn Area Recreation and Parks District Administrator……………….…........4 Auburn Area Recreation and Parks District Board of Directors………….….…...4 Auburn Police Department………………………………………………….….…...32 Children’s System of Care…………………………………………...……..………10 City of Auburn…………………………………………………………………....……20 City of Colfax…………………………………………………………………..……..20 City of Lincoln…………………………………………………….…………….…….20 City of Rocklin…………………………………………………… …………..….….20 … City of Roseville……………………………………………………………….……..20 Health and Human Services Department………………………………………10,.27 Lincoln Police Department……………………………………….………………….32 Placer County District Attorney…….…………………………………..……………10 Placer County Executive Officer………………………………………..7, 10, 27, 29 Placer County Personnel Department………………………………………….……7 Placer County Public Information Officer…………………………………………..10 Placer County Sheriff’s Office………………………………………………..7, 29, 32 Public Guardian’s Office………………………………………………………..……27 Rocklin Police Department……………………………………………….………….32 Roseville Police Department……………………………………………….……….32 Town of Loomis……………………………………………………………….……...20 43