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Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

Napa County Grand Jury • 2010-2011

American Recovery and Reinvestment ACT

Published: December 31, 2010 71 pages
View PDF View Full Original

Findings 26 findings

F1 Page 246
Napa County was awarded $10,628,707 in ARRA grants. Response, Board of Supervisors and County Auditor-Controller: The Board of Supervisors agrees with this finding for the amount at the time of the original report. For additional clarification, of this total, $7,852,950 represented grant awards and $2,775,757 represented the amount of allocations and enhanced Federal Medical Assistance Percentage for certain programs that county staff estimated would be received over the term of ARRA. As of 9/30/10, the County has been awarded $8,739,543 in ARRA grants and expects to receive approximately $3,741,038 from the aforementioned allocations and enhancements due to ARRA. Please see the full ARRA report on the County’s website for more information.
F2 Page 246
ARRA tracking, grant compliance, and reporting procedures were implemented. Response, County Auditor-Controller: The Auditor-Controller agrees with this finding.
F3 Page 246
Separate accounting mechanisms were set up within the General Fund that allow for accurate ARRA tracking and transparency. Response, County Auditor-Controller: The Auditor-Controller agrees with this finding. However, it is not limited just to the General Fund. If ARRA funding was received in Special Revenue funds or Enterprise funds, the funding has to be recorded as such. The same separate accounting mechanisms are in place in those funds as well.
F4 Page 246
Napa County department representatives attended training workshops pertaining to fraud and misuse of funds and/or materials. Response, County Executive Officer and Community and Intergovernmental Affairs Manager: The County Executive Officer and Community and Intergovernmental Manager agree with this finding. Training sessions were held in spring 2010 and attended by county managers and staff.
F5 Page 247
Departments involved in fraud or misuse are subject to review by County Counsel. Response, County Executive Officer and Community and Intergovernmental Affairs Manager: The County Executive Officer and Community and Intergovernmental Manager agree with this finding. County policy requires a review by County Counsel whenever fraud or misuse is alleged.
F6 Page 247
ARRA projects are reimbursement based; the County submits requests to the State for reimbursement. ARRA funds are transferred from the Federal government to the State and then to the County. Response, County Auditor-Controller: The Auditor-Controller agrees with this finding, with the exception of two instances where funding is advanced prior to expenditure. Please see the full ARRA report on our website for more information.
F7 Page 247
California has forty-five calendar days from receipt of an undisputed claim to forward funds based on county reimbursement requests. Response, County Auditor-Controller: The Auditor-Controller agrees with this finding.
F8 Page 247
Napa County employees keep current with changing State guidelines. Response, County Executive Officer and Community and Intergovernmental Affairs Manager: The County Executive Officer and Community and Intergovernmental Manager agree with this finding. Napa County employees monitor and keep current with changes in State guidelines. 17
F9 Page 248
Napa County employees have expressed concern about receiving vague information from the State and difficulty in receiving written information. Response, County Executive Officer and Community and Intergovernmental Affairs Manager: The County Executive Officer and Community and Intergovernmental Manager agree with this finding. Obtaining written documentation from the State has been and can be difficult. It has been the informal policy of the County Executive Office to not accept certain funds when there is ambiguity or difficulty understanding guidelines and the State is unable or unwilling to provide written documentation. This has not been the experience with ARRA funds.
F10 Page 248
ARRA grant information is posted on the County website (www.countyofnapa.org). Response, County Auditor-Controller: The Auditor-Controller agrees with this finding. Response, County Executive Officer and Community and Intergovernmental Affairs Manager: The County Executive Officer and Community and Intergovernmental Manager agree with this finding.
F11 Page 248
ARRA updates and information will be presented for the first time to the BOS beginning in April 2010 and continue quarterly thereafter. Response, County Auditor-Controller: The Auditor-Controller agrees with this finding. Response, County Executive Officer and Community and Intergovernmental Affairs Manager: The County Executive Officer and Community and Intergovernmental Manager agree with this finding.
F12 Page 248
All departments awarded ARRA funds are required to file reports with the Auditor-Controller’s department which are approved by the Auditor-Controller before being submitted to the State. Response, County Executive Officer and Community and Intergovernmental Affairs Manager: The County Executive Officer and Community and Intergovernmental Manager agree with this finding.
F13 Page 249
County Policies and Procedures specific to ARRA have not been written. Response, County Executive Officer and Community and Intergovernmental Affairs Manager: The County Executive Officer and Community and Intergovernmental Manager disagree in part with this finding. While no formal amendments to county policies and procedures have been brought to the Board of Supervisors for approval, the Auditor-Controller has issued guidelines to the departments regarding procedures that departments are to follow.
F14 Page 265
The District is currently considering whether to form its own non-profit foundation or join an existing community foundation. Response, NCRPOSD Board of Directors: Agree
F15 Page 284
Fluoridated water has a documented significant oral health benefit and fluoridating water in Napa County was recommended as a component for community dental health improvement. Response, City of Calistoga: Agree with the finding, per California Penal Code 933.05(a)(1). Response, City of St. Helena: Pursuant to Penal Code Section 933(c), the City of St. Helena responds as follows only to the extent the finding pertains to matters under the control of the City of St. Helena. Subject to this stated limitation, the oral health benefits of fluoridation is not a matter under the control of the governing body of St. Helena (see Penal Code section 933(c). Response, Town of Yountville: Agree with the finding.
F16 Page 284
AB 733 mandates fluoridation of public water systems having 10,000 or more connections. Response, City of Napa: Disagree partially. AB 733 or more specifically California Code of Regulations Title 22, Division 4, Chapter 15, Article 4.1, Section 64433 and California Health and Safety Code Section 116409 – 116415 requires public water systems with 10,000 service connections or more to fluoridate their water IF funding is offered pursuant to a binding contractual offer from an outside source for capital and operating costs associated with the fluoridation system. Health and Safety Code Section 116415 describes “outside source” as follows – As used in this section, “outside source” mean a source other than the system’s ratepayers, 54 shareholders, local taxpayers, bondholders, or any fees or charges levied by the water system.
F17 Page 285
Annual savings in oral healthcare to County residents is projected to exceed the estimated costs of operating water fluoridation systems at the County public water systems. Response, City of Calistoga: Disagree partially with the finding, per California Penal Code 933.05(a)(2). Annual savings in oral healthcare to the City of Calistoga has not been projected to exceed the estimated costs of operating water fluoridation systems. While fluoridation does have certain benefits, it is not required for a small system such as Calistoga’s, and there is no demonstrated community support for such an initiative. During approximately 22 publicly-noticed, public meetings conducted by a City Council-appointed water advisory committee, there was extensive public commentary and participation, but no requests for fluoridation. City water customers can make individual choices on fluoride use through widely available, over-the-counter fluoride supplements and toothpaste. Response, City of Napa: Disagree partially. While capital and operating costs for a fluoridation system can be accurately calculated, annual savings in oral healthcare is difficult to determine definitively. The responsibility of the Water Division is to provide safe and dependable water delivery to the community. Treatment and distribution programs are focused on those goals. While adding fluoride to the water supply may be beneficial to a small percentage of the population, this is a medical or public health issue unrelated to the primary mission of delivering water to the community. The health related benefits and costs of fluoridation should be better handled and, if appropriate, be funded through the Department of Health and Social Services. If they wish to accept responsibility for the planning and funding of such an effort we will be happy to cooperate. Response, City of St. Helena: Pursuant to Penal Code Section 933(c), the City of St. Helena responds as follows only to the extent the finding pertains to matters under the control of the City of St. Helena. Subject to this stated limitation, the annual health benefits of the fluoridation of water is not a matter under the control of the governing body of St. Helena (see Penal Code section 933(c). Response, Town of Yountville: 55 Disagree partially with the finding. Annual savings in oral healthcare to Yountville and Veterans Home residents has not been projected to exceed the estimated costs of operating water fluoridation systems at the Rector Reservoir Water Treatment Plant. As stated in the response to
F18 Page 286
No County municipalities have applied for funding to fluoridate their water systems. Response, City of Calistoga: Agree with the finding, per California Penal Code 933.05(a)(1). Response, City of Napa: Agree with respect to City of Napa Response, City of St. Helena: Pursuant to Penal Code Section 933(c), the City of St. Helena responds as follows only to the extent the finding pertains to matters under the control of the City of St. Helena. Subject to this stated limitation, the County municipalities applying for funding to fluoridate their public water systems is not a matter under the control of the governing body of St. Helena (see Penal Code section 933(c). Response, Town of Yountville: Agree with the finding.
F19 Page 306
The DEC Protocol was implemented four years ago and is a collaborative effort by NSIB, CWS, Napa County DA, and QVMC. Response, NSIB Governing Board: 76 The respondent agrees with this finding. Response, NSIB Commander (Special Agent Supervisor): The respondent agrees with this finding. Response, County Executive Officer: The County Executive Officer agrees with this finding.
F20 Page 307
State and County budget cuts have reduced the number of NSIB agents as compared to past years. Response, NSIB Governing Board: The NSIB governing Board disagrees in part with this finding. The County and BNE have continued their NSIB staffing levels. Staffing levels with the Napa Police Department (NPD) and the California Highway patrol (CHP) have been impacted due to budget concerns resulting in a reduced number of officers assigned to NSIB. Response, NSIB Commander (Special Agent Supervisor): The respondent agrees with this finding. Response, Napa County Board of Supervisors: The Board of Supervisors disagrees in part with this finding. NSIB is a multi-jurisdictional agency and all agencies in Napa County, the Bureau of Narcotic Enforcement and California Highway Patrol have contributed officers or funds to the task force in the past. Napa County serves as the fiscal agent of the task force and through the Sheriff’s Department provides one Sergeant and two Deputies to NSIB on a full time basis. Over the last few years, other law enforcement agencies, not the County/Sheriff’s Office have reduced the number of officers allocated to the task force on a full time basis. Napa County received grant funding from the California Methamphetamine Enforcement Team program that allowed for the allocation of additional officer overtime hours towards methamphetamine eradication throughout the County. Consistent with the Board of Supervisor’s policy to not backfill reduced or depleted grant funds, the Sheriff’s Office has eliminated the additional officer overtime once dedicated to methamphetamine enforcement due to a reduction in grant funds received. Response, County Executive Officer: The County Executive Officer concurs with the Board of Supervisor’s response. 77
F21 Page 308
The PO attached to NSIB, like all Napa County Pos, does not carry a firearm. Response, NSIB Governing Board: The respondent agrees with this finding. Response, Chief probation Officer: The Chief Probation agrees with this finding. Response, Board of Supervisors: The Board of Supervisors agrees with this finding.
F22 Page 308
NSIB has expressed the desire to have the County arm the PO attached to NSIB. Response, NSIB Governing Board: The NSIB Governing Board disagrees with this finding. While the NSIB commander has expressed the desire to arm PO assigned to NSIB, the NSIB Governing Board, as a whole, does not share this view. All agree the matter of whether the NSIB PO is armed should be decided by the Chief Probation Officer. Response, Chief Probation Officer: The Chief Probation Officer disagrees with this finding. NSIB is governed by an independent Board that is comprised of the Sheriff, the District Attorney, Chiefs of the local police agencies and the Chief Probation Officer. While the Commander assigned to NSIB by the Bureau of Narcotic Enforcement (not a governing board member) has discussed arming the Probation Officer assigned to NSIB with the Chief Probation Officer, the NSIB Governing Board has never taken formal action or even discussed the arming of the Probation Officer. Furthermore, upon inquiry by the Chief Probation officer, the Sheriff and the City of Napa Chief of Police stated that they believe the issue of arming the Probation Officer should be handled by the Chief Probation Officer that they do not endorse or recommend the arming of the Probation Officer assigned to NSIB and will continue to support the position in a limited and low-risk capacity. Please see the response to Recommendation No. 2. Response, Board of Supervisors: 78 The Board of Supervisors disagrees with this finding and incorporates by reference the August 10, 2010 response and explanation of the Chief Probation Officer.
F23 Page 309
The Probation Department Safety Committee currently has a not recommended arming the PO attached to NSIB. Response, NSIB Governing Board: The respondent agrees with this finding. Response, Chief Probation Officer: The Chief probation Officer agrees with this finding.
F24 Page 309
Local law enforcement officials stated the California Supreme Court’s ruling in People v. Kelly (supra) has made the already murky situation surrounding medical marijuana worse and has created even more difficulties in the investigation, arrest, and prosecution for illegal marijuana cultivation and possession. Response, NSIB Governing Board: The respondent agrees with this finding.
F25 Page 309
Other than a list of “guidelines” provided by the California Attorney General in 2008, the State does not provide the County or NSIB with any clear regulation for the cultivation and/or distribution of medical marijuana. Response, NSIB Governing Board: The respondent agrees with this finding. Response, Board of Supervisors: The Board of Supervisors agrees with this finding.
F26 Page 309
The law enforcement personnel the Grand Jury interviewed expressed concern that the legalization of marijuana in California will not make marijuana related problems, issues, and violence disappear. Response, NSIB Governing Board: The respondent agrees with this finding.

Recommendations 14