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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.
⚠️ 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: F11, F12, F13, F14, F15, F16, F17, F18, F19, F20, F21, F22, F23, F24
Findings 14 findings
F1
For in class use, some high school classrooms maintain a classroom set" of textbooks to give each student access to a textbook.
F2
At some school sites, enough textbooks are ordered to assign each student a textbook for use outside the classroom.
F3
High school libraries also have classroom textbooks available for students to use on site or to check out for home use. J. The process for acquisition and delivery of textbooks to school sites is adequate K. School site department heads are given a stipend for handling extra responsibilities, including ordering, distribution, care and collection of books L. Responsibility for textbooks at the school site is as follows:
F4
Wears gang clothing, symbols, etc. to identify with a specific gang 62
F5
Student 33 M. In some schools, up to 30% of the textbooks are not returned at the end of the school year. Some textbooks may be returned in damaged condition, making them unusable. N. Textbooks cost $50.00 to $150.00 each. O. Some schools do not reconcile the inventory of textbooks at the beginning of the school year with the number of textbooks returned at the end of the year. This information is needed in order to accurately order textbooks for the next school year. P. No uniform district wide system of unit control exists for textbooks. Some school site librarians have independently installed a packaged software stock keeping unit (SKU) system. Q. District wide funding for textbooks decreased from $9.2 million in 2001 to $3.3 million in 2003. R. Textbook funds are allocated on a per student basis. Additional textbook funds are available for Title One Schools (a majority of students are from lower socioeconomic disadvantaged families). Other special funds such as grant programs, pilot programs and lottery funds may also be available for textbooks. S. California will only fund programs that use state recommended textbooks. Currently, the state provides 80% of the funds for textbooks. T. Each school site is assigned a designated number of custodians to provide custodial care and make minor repairs. U. If a custodian is absent, a replacement generally is not assigned. V. A custodian’s absence may result in reduced campus cleanliness and maintenance. W. Some principals try to limit class size to 38 students. Other principals allow teachers more latitude in determining class size. X. Educators indicate students perform better when parents are active, informed and involved. Y. The FUSD requires that principals control all aspects of school site management. There is limited oversight on the part of the district. Z. Some serious site problems have not been reported to the FUSD Board of Education. Conclusions A. Concerns regarding the rodent and cockroach infestation were exaggerated. Corrective procedures were and remain in place when a problem occurs. B. A shortage of custodial help results in on site services being delayed and deterioration of facilities C. Involvement of FUSD administration and additional funding will be required to correct the custodial and maintenance problems. D. In order to correct a shortage, principals and staff can acquire extra desks from the central warehouse. There are also informal agreements between some schools to share desks when needed. E. Desk and furniture repair and replacement are provided in the normal course of school operations. A delay may occur as a result of teacher apathy in the timely reporting of problems. F. Planned control of class size has not been addressed in a formal manner by the district administration and school principals. G. Problems related to textbooks exist throughout the school system. Some of these problems relate to funding, inventory control and replacement of textbooks in a timely manner H. A district wide procedure for retrieving school textbooks is needed. This is especially true for schools with a high student transient rate. I. In FUSD schools, the principals are responsible for complete school site management. Some principals lack management skills. J. Having created autonomous site management, the FUSD has distanced itself from oversight responsibilities of the individual campuses. K. Each year the loss, defacing and theft of textbooks has caused a significant dollar loss within the district. L. FUSD administration is not aware of the annual dollar amount of lost or unusable textbooks. M. Schools with a high student transient rate lose more books than schools with a stable student body. N. Since 1993, there has been no change in district wide policy regarding accountability for textbooks. Upon review, the 1993 policy was found to be obsolete.
F6
Name is on gang document, hit list, or gang-related graffiti
F7
Is identified as a gang member by a reliable source (Dept. of Corrections, Probation, Parole, Gang Unit)
F8
Arrested in the company of identified gang members or associates
F9
Corresponds with know gang members or writes and/or receives correspondence about gang activities
F10
Writes about gangs (graffiti) on walls, books, papers, etc. H. The Fresno County Sheriff’s Department’s gang validation criteria are:
F25
A system needs to be put in place to control the inventory of acquired properties. Controls should include a reason for acquisition and the anticipated date of disposition.
F26
Properties currently in inventory not scheduled for disposition or earmarked for near term projects be offered for sale and the proceeds conveyed to the City of Fresno to reduce the obligations of the RDA.
F27
The composition of the RDA board be changed to give the Mayor’s office majority representation without a change in the total number of board members.
F28
The operations of the RDA need to be made more transparent to city officials and the general public. FRESNO COUNTY COMMITTEE Ed O’Neill, Chair Henry Chin Robert Gutierrez Paul O’Rourke Yvonne Setencich Sam Yelenick 20 FRESNO COUNTY COMMITTEE INTRODUCTION The County Committee of the 2003/2004 Fresno County Grand Jury responded to several citizens’ complaints regarding cities within the County and focused on issues impacting the entire community. County departments and special districts were reviewed. The committee interviewed a number of officials, department heads and employees of the County. The committee proceeded with its investigation culminating in these reports: · The City of Mendota · Land Retirement in Western Fresno County 21 CITY OF MENDOTA Introduction In response to a complaint from a number of citizens of the City of Mendota (City) alleging various financial and personnel management improprieties, the 2003/2004 Fresno County Grand Jury undertook an investigation. During this process, elected officials, city officials under contract and city employees were interviewed. Findings A. Mendota is a general law city of approximately 8,000 residents governed by a five-person City Council, which elects a mayor from its membership. In fiscal year 2003/2004, the City is operating with a general fund budget of $1.2 million. B. The unemployment rate in the City is approximately 35%. C. There have been fourteen city managers within the past ten years. D. Currently, the City does not have a city manager. It is managed by a committee of senior staff reporting to the mayor. The City is conducting a search for a city manager. E. The total number of full-time City employees is approximately twelve. F. In the past 18 months, there have been a number of employees terminated. Some terminated employees were rehired and then dismissed again for other reasons. G. The City maintains two credit cards with Stockmen’s Bank. One is designated for use by the mayor and the other by the City manager. H. In the year 2002/2003, the mayor used his assigned credit card for personal purchases. He subsequently repaid the City. I. In January, 2003, the City council, at the request of the City manager, adopted a resolution authorizing a relief effort for the city of Ixtlahuacan in the State of Colima, Mexico that experienced a major earthquake. The City manager was involved in property development in Ixtlahuacan, Colima. J. The City manager and mayor, without City council approval, were advanced $5,000 of City funds for relief of earthquake victims. The check was made payable to a liquor store that waived the money order fees and converted it into fifty $100 money orders. K. The City has a written policy authorizing the finance director to issue a check in the amount not exceeding $5,000 for emergencies benefiting the citizens of the City. There is no policy authorizing expenditures for the benefit of other cities. L. The City manager solicited the relief funds from private contributors. The fund balance never reached the anticipated $5,000 and the City manager personally contributed $705 to cover the shortfall. M. Copies of records to support the purchase of these money orders are maintained as part of the audit trail, but there is no practical way of verifying the receipt of these funds by the earthquake victims. N. The City manager made an unauthorized trip to Ixtlahuacan using the City credit card. Ultimately, he repaid the charges for the trip. O. The City had received Community Development Block Grant (CDBG) funds to renovate its community center. It contracted for this work improperly, by not using a formal Request For Proposal process, and the contractor was not required to pay prevailing wages. This impropriety resulted in the inability of the City to use the CDBG funds as planned. Consequently, funds had to be drawn from the General Fund. P. The City has funded Christmas parties for employees and elected officials with donations solicited from vendors doing business with the City. Q. The City attorney’s function is currently being performed by an independent attorney under a retainer contract dated July 14, 1998. R. The City entered into another contract, dated June 8, 1999 with a law firm for legal services the City needed on a water project with the U.S. Department of Agriculture. The contracted services are to be paid on an hourly basis. The current City attorney is a member of the contracted law firm. S. The City attorney is currently being compensated for work performed as City attorney under the terms of the hourly rate contract and not on the retainer contract. T. In the first six months of FY 2004, the City paid attorney’s fees of $319,141. Conclusions A. The high turnover rate in city managers has created confusion among the City’s staff. B. The use of a city credit card for personal purposes is in violation of existing City policy. C. The relief effort to assist Ixtlahuacan, Mexico, violated numerous City ordinances and policies. D. The issuance of a $5,000 City check for the humanitarian effort is not consistent with City policy on emergency disbursements. E. The oversight in the use of grant monies is lacking. F. Soliciting contributions from city contractors to fund social events conveys to the public an impression of impropriety. G. The fees paid to the City attorney for his services as City attorney are not based on his retainer contract executed on July 14, 1998.
Recommendations 100
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R1A report on the Council-Mayor government in the City of Fresno. Concerns regarding the relationship between the Mayor, City Council and staff of the City are reviewed. Recommendations are made to improve the synergy between these groups of City officials and staff.
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R2A report on the City’s Worker’s Compensation program offers some recommendations as to possible improvements.
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R3An overview of the City of Fresno’s debt condition and a summary of its recent bond activity and various bond agencies ratings.
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R4A report on the Fresno Redevelopment Agency (RDA) covering the volume and nature of its activity. MAYOR-COUNCIL GOVERNMENT Introduction The 2003/04 Fresno County Grand Jury (FCGJ) was made aware of concerns expressed by citizens, print and electronic media, incumbent and former elected officials, current and prior department heads and current and prior staff. These concerns focus on several different areas. · The apparent lack of civility and the inability of certain elected officials to work with each other, city staff and the city’s leadership in a harmonious manner. · The need for a balanced and reasonable relationship with the labor unions that represent the city’s workforce. During the process of preparing this report the FCGJ interviewed past and present members of the city council, city manager and staff, heads of departments, labor leaders, and the city’s current mayor and predecessor. A review of the city’s charter was conducted.
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R5The roles and lines of authority of the Deputy Mayor, Deputy City Manager and Deputy Administrator be clarified. City Of Fresno Risk Management Workers Compensation Introduction Over the past ten years the cost of the City of Fresno’s (City) Workers’ Compensation program has increased over 200%. A variety of factors including state mandated benefit increases and negotiated rates with city labor unions above the state mandated rates account for the dramatic rise in costs. Concern was expressed by elected officials and city staff, as well as by the media, regarding this continued unimpeded escalation. The 2003/2004 Fresno County Grand Jury received testimony and documentation from city staff, journals and from the local press.
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R6The City should deal equitably with all workers and provide them with the state mandated temporary disability benefit.
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R7The City limits the injury pay rate to 70% of full wages for all employees.
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R8Employees experiencing extraordinary financial demands during this temporary disability period be permitted to cash out accrued vacation and sick pay.
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R9The injury pay benefit be reduced to six months.
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R10Employees be required to use medical providers selected by a city designated PPO network.
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R11Targeted “sub rosa” investigations be scheduled at random and also be directed at suspicious claimants.
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R12All supervisors and managers throughout the entire city staff, take an active role in reducing injuries and containing costs. Cost reduction goals should apply to the entire organization and effective performance should be noted in staff performance evaluations.
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R13City staff use available statistical data that is now easily accessible.
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R14Management study and compare the practice and methods of other jurisdictions, agencies and the private sector to determine what methodologies, strategies and tactics are most effective.
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R15The City organize employee safety committees by department and provides a reward system for its success. BOND DEBT AND FINANCIAL CONDITION CITY OF FRESNO Introduction At the time the City of Fresno issued its annual financial statement for the fiscal year 2000 (as of 06/30/00) there was concern regarding the City’s creditworthiness and its ability to continue to assume additional bond debt. The incoming mayor and his staff, supported by the newly appointed finance director, outlined an extensive plan to correct existing problems and to improve the fiscal health of the City. The 2003/2004 Fresno County Grand Jury (FCGJ) reviewed the City’s current financial condition, with a particular interest in the condition of long-term debt, and assessed the progress that the incumbent team has made in their first four-year term. During the course of its review the FCGJ interviewed the mayor, key staff members, elected officials and the finance director. Copious amounts of data were requested and supplied. The condition of the City currently is improved. Previously existing problems have been addressed and faulty procedures have been corrected. In preparing this report, the FCGJ has utilized a spreadsheet, Finding A, to delineate selected financial
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R16The Mayor and the City Council not allow the City to assume additional Bond Debt until the level of indebtedness drops below $675 million.
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R17The additional labor hired to complete the accelerated infrastructure work planned in the City’s declining neighborhoods not be added to the City’s regular work force. It is assumed that after the six-year anticipated accelerated program, the demand for additional workers will return to current levels.
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R18During the period of the six-year infrastructure update program, the City Council and the Mayor agree that there be no additional funds added to the individual council members’ discretionary fund. This amount should not exceed $50,000 per district.
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R19The City and the development community agree on an Urban Growth Management fee structure that will support the new infrastructure required.
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R20Fees for urban growth management be adjusted annually. 15
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R21The finance director or designated staff person should be involved when financial negotiations are being conducted between the City and other parties where the project may require long term financing.
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R22No City official should be asked to approve a bond issue without a positive opinion on the part of the finance director.
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R23Financial workshops should be held for the City Council before they are asked to vote on matters that would cause the City to incur major debt.
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R24The 2003/2004 Grand Jury recommends that future Juries continue to regularly review the financial condition of the City and its performance against its objectives. THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO Introduction: The Redevelopment Agency (RDA) of the City of Fresno is established and defined by state law as a separate, government authority with its own revenue, budget and staff. Its powers include issuance of debt and exercising the right of eminent domain in the acquisition of private property. RDA’s stated purpose is to eliminate blight and promote economic development. An RDA’s cycle of activity is to define a project area, designate the life of the project area (generally 40 years), develop a plan for improvement, finance the improvements including land acquisition and retire the debt with the increased property taxes generated by the redevelopment. This latter revenue source is generally referred to as incremental property tax revenue. The 2003/2004 Fresno County Grand Jury investigated the mission and operations of RDA of the City of Fresno.
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R25A system needs to be put in place to control the inventory of acquired properties. Controls should include a reason for acquisition and the anticipated date of disposition.
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R26Properties currently in inventory not scheduled for disposition or earmarked for near term projects be offered for sale and the proceeds conveyed to the City of Fresno to reduce the obligations of the RDA.
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R27The composition of the RDA board be changed to give the Mayor’s office majority representation without a change in the total number of board members.
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R28The operations of the RDA need to be made more transparent to city officials and the general public. FRESNO COUNTY COMMITTEE Ed O’Neill, Chair Henry Chin Robert Gutierrez Paul O’Rourke Yvonne Setencich Sam Yelenick 20 FRESNO COUNTY COMMITTEE INTRODUCTION The County Committee of the 2003/2004 Fresno County Grand Jury responded to several citizens’ complaints regarding cities within the County and focused on issues impacting the entire community. County departments and special districts were reviewed. The committee interviewed a number of officials, department heads and employees of the County. The committee proceeded with its investigation culminating in these reports: · The City of Mendota · Land Retirement in Western Fresno County 21 CITY OF MENDOTA Introduction In response to a complaint from a number of citizens of the City of Mendota (City) alleging various financial and personnel management improprieties, the 2003/2004 Fresno County Grand Jury undertook an investigation. During this process, elected officials, city officials under contract and city employees were interviewed.
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R29The City adopts a new policy setting forth procedures for issuance and use of City credit cards for city employees only, including penalty provisions on misuse.
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R30The City council reviews all employee terminations.
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R31The Ixtlahuacan, Colima earthquake relief effort and expenditures be reviewed in a public hearing allowing citizen concerns to be addressed.
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R32The City Council employ the services of a legal fees audit firm to audit the City’s legal expenditures, including all current contracts.
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R33Employee parties should not be funded by soliciting contributions from vendors. LAND RETIREMENT IN WESTERN FRESNO COUNTY Introduction The 2003/2004 Fresno County Grand Jury (FCGJ) studied the issue of land retirement. Land retirement is taking farmland out of production, because the soil has become too salinized to grow crops. The FCGJ examined the impact of land retirement on the economies of the affected communities and reviewed the policies and strategies proposed and undertaken to address the consequences of land retirement.
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R34A task force be established by the Fresno County Board of Supervisors to coordinate the services and activities being mobilized to deal with the consequences of land retirement. This will facilitate the formulation of a cohesive, comprehensive, action strategy. The task force has representation from the core agencies and incorporated cities dealing with land retirement including the following: · Assistant County Administrative Officer for Economic Development · Representatives from Westlands Water District · Fresno County Department of Education · Fresno County Public Works & Planning Department · Fresno County Workforce Investment Board · Fresno County Housing Authority · Incorporated cities from Western Fresno County · Other agencies as deemed appropriate by the task force
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R35Lead responsibility to organize and to administer the task force be assigned to the Assistant County Administrative Officer for Economic 26 Development because of the lead role that office has undertaken in addressing the concerns of land retirement. EDUCATION AND YOUTH COMMITTEE Jill Robinson, Chair James Cotton Mary Ann Dews Fred Goldring Tony Peranick Bill Rogers, Jr. EDUCATION AND YOUTH COMMITTEE INTRODUCTION In response to a citizen’s complaint, a high school protest, news releases and prior Grand Jury recommendations, the Education and Youth Committee of the 2003/2004 Fresno County Grand Jury focused its investigations in several areas concerning the youth of Fresno County. Information was assembled by interviewing citizens, elected officials, various department heads and staff, foster parents, school personnel, by reviewing official documents, policies and procedures and by visiting several facilities. The Education and Youth Committee is reporting on the following: A. Volunteerism in the Fresno Unified School District B. Problems in Fresno Unified School District High Schools C. Department of Children and Family Services Foster Care System 29 VOLUNTEERISM IN THE FRESNO UNIFIED SCHOOL DISTRICT Introduction A letter was received requesting the 2003/2004 Fresno County Grand Jury review the Fresno Unified School District’s policies and procedures regarding volunteers. The citizen wished to offer services as a mentor. The request was made to a specific middle school. It took three weeks for the school’s Human Resource Director to respond. Instructions were given to go to Fresno Unified School District’s downtown office where the volunteer’s fingerprints would be taken for a fee of $50.00. The only acceptable method of payment would be a cashier’s check in that amount. Fingerprints taken by the Fresno County Sheriff’s Department for another volunteer situation were offered instead of taking new prints. Fresno Unified School District will not accept any fingerprints other than those taken by their own personnel. The Grand Jury Education and Youth Committee decided to investigate the volunteer procedures and the charge of $50.00 to those wishing to volunteer.
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R36A printed pamphlet entitled ”Volunteerism” should be provided by Fresno Unified School District to all schools to distribute to potential volunteers. It should clearly state District policy and the cost entailed to volunteer.
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R37Fresno Unified School District review the cost of fingerprinting for volunteers. Consideration be given to the elimination of this fee.
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R38The subject of volunteerism, including the utilization of volunteers in certain areas and the cost entailed be discussed at the beginning of each academic year at PTA and/or Site Committee meetings. PROBLEMS IN FRESNO UNIFIED SCHOOL DISTRICT HIGH SCHOOLS Introduction: The Education and Youth Committee of the 2003/2004 Fresno County Grand Jury (FCGJ) reviewed the reported concerns of students at Fresno High School. A group of students believed their concerns were serious enough to cause them to organize and hold a pre-school rally. Thereafter, an unauthorized student march to the Fresno Unified School District (FUSD) administrative office occurred. Several other high school sites were studied to determine if these problems existed on other campuses. The students’ complaints centered around four issues:
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R39Develop a policy for replacing absent custodians in a timely fashion.
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R40Develop a flash report to alert administrators at the next highest level when a problem develops on a school site.
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R41Develop a district wide textbook distribution and return policy with a strong emphasis on student accountability.
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R42Develop a procedure to annually account for all money that is lost as a result of lost or damaged textbooks.
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R43Encourage open communication between District Administration and School Site management.
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R44At each school site, develop procedures and rules for storage of edibles in the classroom.
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R45The 2004/2005 Fresno County Grand Jury continues to monitor the Fresno Unified School District. DEPARTMENT OF CHILDREN AND FAMILY SERVICES FOSTER CARE SYSTEM Introduction Consider a child abandoned by birth parents, separated from family members because of unfavorable circumstances, subjected to abuse or neglect and forsaken without love or understanding. Such a child, and many others under similar circumstances, is shifted from one place to another as wards of the Foster Care Program in Fresno County. The purpose of this report as prepared by the 2003/2004 Fresno County Grand Jury is to detail its findings, conclusions and recommendations regarding the condition of Foster Care in Fresno County as it currently exists. Some of our research found the same problems and concerns encountered by the 2002/2003 Fresno County Grand Jury in its report. The Department of Children and Family Services Foster Care System (DCFS) in response to last years report gave assurances that solutions to the recommendations offered were in process and major changes could be expected. To date, the problems remain and the changes needed to correct the situation have not been completed. Subsequently, additional areas of concern were found and included in this report. Regarding the placement of children in foster care, the Family to Family Initiative is a program designed to be sensitive to the long term, continuous needs of children. The Family to Family Initiative in Fresno County is a new approach to the placement of children within the foster care system. The goals of this program are: · Place the child within a home containing other members of the child's birth family · Encourage placement retaining the child in a neighborhood and school that is familiar · Decrease the total length of time the child remains in foster care · Speed up the adoption or guardianship process to relieve a feeling of dislocation or abandonment · Promote a cooperative relationship between birth and foster family members, service providers and agency staff to assure that placement decisions address the best needs of the child · Avoid placing a foster child in harms way Much of the criticism found by this Grand Jury comes from past and present members of the DCFS staff, as well as foster parents, Foster Family Agency (FFA) providers and several knowledgeable observers. In compiling this report, the Education and Youth Committee interviewed top administrators of the DCFS, independent agencies, foster parents and workers at several levels of the foster care system. 37
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R46Establish written comprehensive goals, policies and objectives to insure proper initial placement of foster children.
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R47Perform reviews of files by social worker supervisors to determine that initial placement and procedures are accomplishing goals and objectives set forth by the department.
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R48Form a team to evaluate a foster child's initial placement.
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R49Write, install, implement, monitor and enforce comprehensive policies and procedures to effectively train employees.
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R50Reduce the number and length of meetings throughout the department.
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R51Teach management skills and time management to department heads, managers and supervisors and hold them accountable.
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R52Require the immediate supervisor at any level to offer a professional counselor to assist a grieving worker.
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R53Move different sections of the foster care program within close proximity to each other, ideally one site, to improve communication, efficiency and effectiveness.
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R54When a project or program is under consideration, set and enforce deadlines for completion.
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R55Train, and continue to retrain, foster parents and caregivers to help them understand the dynamics of their relationship with a foster child.
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R56Improve Fresno County recruitment procedures for foster parents.
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R57Require all foster children’s’ files be organized in the same manner with supervisors required to periodically review these files.
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R58Accelerate the development of the Family to Family program where appropriate. 42
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R59Assign cases, which require special skills and experience to employees who have exhibited the appropriate knowledge to deal with difficult problems.
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R60Require icebreaker sessions within the first 48 hours of the child's entry into the system. Include in these sessions, the natural parents when appropriate, the foster parents, the social worker, a Court Approved Special Advocate.
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R61Write job descriptions for employees of Children and Family Services with more specificity.
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R62When a child has to be moved from one foster home to another, delineate a list of written procedures to be given to the new foster parents on placement. Include in a child's file all pertinent data regarding background, medications and dosage, and good as well as bad behavior before the child is moved.
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R63Before a child is moved, require a supervisor to sign off on the child's file.
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R64Evaluate and chart statistics regarding the movement of foster children throughout the system.
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R65Encourage the County Foster Care Advisory and Oversight Committee to review various departments' procedures and evaluate duplicate services, looking to eliminate excess costs.
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R66Require a social worker's cellular phone number be given to their foster parents, older foster children and the Children and Family Services duty officer so contact can be made at all times.
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R67Invite and include foster parents to selected staff conferences that concern their foster child.
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R68Make the existing care-line helpful. Its purpose is clearly defined as an emergency link between foster parents and the department. Require that this line be competently staffed 24-7 for the protection of the children in the system.
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R69Maintain a log of social worker visits to a foster home and have it signed by the social worker and the foster parent stating particulars of that visit.
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R70Future Grand Juries continue to monitor the Department of Children and Family Services Foster Care System. HEALTH AND SOCIAL SERVICES COMMITTEE Bill Rogers, Jr. Mary Ann Dews Paula Guzman Tony Peranick Yvonne Setencich Sam Yelenick 44 HEALTH AND SOCIAL SERVICES COMMITTEE INTRODUCTION The 2003/2004 Fresno County Grand Jury investigated county officials' concerns, citizens' interests and reviewed news articles regarding the Health and Human Services System. The Grand Jury investigated the reorganization of the Health and Human Services System. In-Home Supportive Services and the In-Home Supportive Services Public Authority. The Health and Social Services Committee interviewed elected officials, department heads, members of law enforcement, relevant employees of Fresno County, and visited applicable facilities. In-Home Supportive Services and the In-Home Supportive Services Public Authority are reported on. IN-HOME SUPPORTIVE SERVICES Introduction Problems within the In-Home Supportive Services (IHSS) program were brought to the attention of 2003/2004 Fresno County Grand Jury' by several sources. The Fresno County Human Services System (HSS) has four departments. The IHSS, under the Department of Adult Services, is one of its important programs. The IHSS services are provided to the eligible aged, blind, or disabled persons who are unable to perform tasks of daily living, and who cannot safely remain in their homes unless these services are provided. IHSS is designed to be a cost-effective way to avoid out-of-home placement. The following is an explanation and history of two programs that fall under the IHSS purview. Providers employed under these two programs can be independent or family members. The IHSS Residual Program (RP) began in 1973 and is currently funded with 65% State and 35% County Funds. Residual services are domestic, such as housecleaning, meal preparation, laundry and shopping. Only a spouse or a parent of a minor child is eligible to render these services. The IHSS Personal Care Services Program (PCSP) began in 1994. All of the same services provided in the Residual Program are included in the PCSP. In addition, the PCSP provides such services as feeding, bathing, bowel and bladder care, dressing, ambulating assistance, and certain paramedical services ordered by a licensed health care professional. Its main focus is to provide personal care services. PCSP does not pay for services rendered by a spouse or a parent of a minor child, nor will it pay for cases receiving domestic only RP services. To qualify for PCSP, a person must have a disabling ailment that lasts for 12 months or more or an illness that is terminal. It is currently funded through 51% Federal (subject to change), 32% State, and 17% County funds. The cost of the IHSS Program statewide in 2003/2004 is budgeted at $1.4 billion and is projected to grow at a rate of 13% annually. These costs are driven by several factors: an aging population, family mobility leaving older family members without relatives to assist in their care, medical knowledge that is saving and extending lives and opportunities for committing fraud. All of these factors result in society having to finance this program. State of California Assembly Bill 1682, approved July 12, 1999, mandated counties to establish an employer of record, "Public Authority", for purposes of collective bargaining or contract with a nonprofit consortium to provide for the delivery of in-home supportive services. In order to recruit, evaluate, screen, and train IHSS providers, the Welfare and Institutions Codes required that each county Board of Supervisors form a Public Authority to create a registry from which a recipient may choose a provider. Not all providers are listed in the Public Authority's registry. (See Finding G.) The Public 46 Authority is to act as the employer of record for IHSS providers. According to the provision of the above Codes, the Public Authority is an entity separate from the county. Therefore, provider employees of the Public Authority are not employees of the county. The Public Authority's registry assists the recipient in hiring a provider who is paid by the IHSS program. The recipient then becomes the employer of the IHSS provider.
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R71Establish and publicize a specific "Hot Line" telephone number to report fraud similar to "Crime Stoppers." 50
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R72Publicize that anyone with knowledge of a provider or recipient committing fraud is urged to report suspicions to the "Hot Line", District Attorney's office or Adult Protective Services.
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R73Provide the recipient verbally and in writing with an explanation of various types of fraud, and its consequences.
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R74Develop a recipient/provider handbook describing duties and responsibilities to include a signed document that they have read and understand their responsibilities, which will be placed in their respective files.
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R75Adapt the forms filled out by licensed health care professionals to be more comprehensive and specific as to type and degree of a recipient's disabilities and specific needs for assistance.
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R76Improve the existing checklist, specifying a recipient's lack of capabilities, for both social workers and licensed health care professionals.
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R77Communicate by direct mail with all licensed health care professionals who prescribe In-Home Supportive Services care that any change in a recipient's status must be reported to the In-Home Supportive Services.
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R78Improve requirements that providers report any change in the recipient's health status to In-Home Supportive Services.
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R79Install a computer database that can cross reference names, addresses and social security numbers for both providers and recipients.
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R80Request the Fresno County Recorder's office to provide names of the deceased to the In-Home Supportive Services at least semi-monthly.
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R81Develop a comprehensive Policies and Procedures Manual to be issued to all social workers.
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R82Develop a uniform recipient assessment chart to be used by all social workers.
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R83Install optical scanners to read time cards calculating hours worked and verifying signatures.
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R84Establish a procedure to prevent a provider from altering a timecard after it has been signed by the recipient.
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R85Require all providers to be included in the Public Authority's registry. 51
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R86Classify providers (1, 2, 3 or A, B, C) and compensate them according to their level of proficiency, e.g. ability to read and write English, understand and assist with prescriptions, CPR certified, administer injections, take vital signs or qualified to drive to necessary appointments.
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R87Revise all In-Home Supportive Services forms with the help of the local District Attorney’s office to ensure that, when fraud does occur, offenders will be prosecuted.
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R88Train all social workers regarding revised written policies and procedures as well as new forms.
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R89Train social workers to look for potential fraud situations.
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R90Change the law to ensure that recipients convicted of fraud be ineligible for further In-Home Supportive Services aid.
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R91Hire an investigator to make unannounced home visits to check for compliance and/or fraud.
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R92It is recommended that the 2004/2005 Fresno County Grand Jury continue to investigate the In-Home Supportive Services program. LAW ENFORCEMENT COMMITTEE Jim Perkins, Chair Susan Biglione Paula Guzman Paul Wiley Bob Wiens Dr. Stan Ziegler 53 LAW ENFORCEMENT COMMITTEE INTRODUCTION The Law committee of the 2003/2004 Fresno County Grand Jury visited the Fresno County Jail, Fresno County Juvenile Hall, Elkhorn Correctional Facility (ECF) and the Teilman Forward Bound Academy (FBA). The director of each facility and some instructors were interviewed. The committee spoke with the employees of California Youth Outreach (CYO) an independent non-profit corporation. The Fresno County Office of Education contracts with CYO to provide aftercare services to FBA. The Committee met with the Chiefs of Police of Fresno and Clovis, the Sheriff of Fresno County and representative members of the Multi-Agency Gang Enforcement Consortium (MAGEC), including a captain from the California Highway Patrol, who serves as commander of this unit. The local press and other sources brought problems regarding the Fresno Human Relations Commission to the attention of the Grand Jury. Fresno City Council members, the City Manager, a former City manager, members of the Commission and the Staff Director were interviewed. The 2003/2004 Fresno County Grand Jury Law Enforcement Committee is reporting on the following: 1......Human Relations Commission 2......Elkhorn Correctional Facility and Teilman Forward Bound Academy 3......Multi-Agency Gang Enforcement Consortium 54 CITY OF FRESNO HUMAN RELATIONS COMMISSION Introduction The 2003/2004 Fresno County Grand Jury examined some of the issues regarding the City of Fresno Human Relations Commission (HRC). The current HRC was formed by the Fresno City Council in 1986. The purpose of this commission is to promote peace and harmony in the community, mediate public disputes and address areas of discrimination. A Mission Statement and By-Laws were adopted, and revised in 1990, 1997 and 1998.
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R93The Human Relations Commission reflect the composition of the Fresno community.
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R94The Human Relations Commission be an ad-hoc advisory committee only.
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R95The Human Relations Commission become involved in disputes when requested by the proper authority.
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R96The Human Relations Commission cease acting as negotiators or arbitrators in citizen disputes.
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R97City funding of Special Events be eliminated.
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R98The Human Relations Commission not have the responsibility of making recommendations for allocations of public funds for non-profit, charitable organizations.
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R99The budget of the Human Relations Commission be reduced by eliminating: · Special Funding projects · Use of office space in City Hall · Facility Staff assigned to the Commission 57 · Facility management fees
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R100The 2004/2005 Fresno County Grand Jury continue to monitor the functions of the Human Relations Commission. ELKHORN CORRECTIONAL FACILITY AND TEILMAN FORWARD BOUND ACADEMY Introduction In 1997, the Elkhorn Correctional Facility (ECF) was established at the former Fresno County Sheriff’s Department Branch Jail, located near Caruthers in rural Fresno County. This facility is limited to housing male juvenile offenders who have been sentenced by the Fresno County Juvenile Court. In 1999, utilizing a state funded grant, the Fresno County Office of Education, in association with the Fresno County Probation Department, created Forward Bound Academy (FBA) located at the Teilman School campus, to provide aftercare services for the graduates of ECF. The 2003/2004 Fresno County Grand Jury toured both the ECF and the FBA and observed the programs in action. The directors and support staff of both facilities, representatives of California Youth Outreach, an independent non-profit organization from San Jose, the Superintendent of County Schools and the Director of Court Schools were interviewed.
Conclusions 23
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CL1 Page 26Monitor debt closely
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CL2 Page 26Unemployment is still high
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CL3 Page 25A growing and further diversifying tax base that is expanding with continued residential and commercial expansion
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CL4 Page 26Keep current financial team intact K. Elected officials are continually trying to influence financial decisions regarding the City’s granting of major projects.
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CL5 Page 30A system needs to be put in place to control the inventory of acquired properties. Controls should include a reason for acquisition and the anticipated date of disposition.
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CL6 Page 30Properties currently in inventory not scheduled for disposition or earmarked for near term projects be offered for sale and the proceeds conveyed to the City of Fresno to reduce the obligations of the RDA.
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CL7 Page 30The composition of the RDA board be changed to give the Mayor’s office majority representation without a change in the total number of board members.
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CL8 Page 30The operations of the RDA need to be made more transparent to city officials and the general public. 19 FRESNO COUNTY COMMITTEE Ed O’Neill, Chair Henry Chin Robert Gutierrez Paul O’Rourke Yvonne Setencich Sam Yelenick 20 FRESNO COUNTY COMMITTEE INTRODUCTION The County Committee of the 2003/2004 Fresno County Grand Jury responded to several citizens’ complaints regarding cities within the County and focused on issues impacting the entire community. County departments and special districts were reviewed. The committee interviewed a number of officials, department heads and employees of the County. The committee proceeded with its investigation culminating in these reports: • The City of Mendota • Land Retirement in Western Fresno County 21 CITY OF MENDOTA Introduction In response to a complaint from a number of citizens of the City of Mendota (City) alleging various financial and personnel management improprieties, the 2003/2004 Fresno County Grand Jury undertook an investigation. During this process, elected officials, city officials under contract and city employees were interviewed.
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CL9 Page 15A. The City Council has not complied with the City Charter section that empowers the Council to legislate policy and the Mayor’s office to administer City affairs. The City Council exceeds its authority when they attempt to manage City affairs in a manner contrary to the city charter. B. The lack of adequate exchange of information interferes with the best practices in city government. C. The Mayor’s office should have authority to participate in land use decisions and the settlement of lawsuits. D. After the solicitation for bids has been initiated, lobbying of the City Council and their staff by vendors in the RFP and RFQ process does not benefit the City. 4
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CL10 Page 19A. The Workers’ Compensation Program is a complex system that is made increasingly complicated by state mandates. B. The drained City’s Worker’s Compensation contingency fund is a cause for concern based on the rapidly escalating costs in this area. C. A tax-free injury pay benefit of 85% of full pay is not an incentive for encouraging workers to return to work. This benefit provides these workers with an increased net wage benefit. D. A plan for the use of data collection enhancements should result from the City’s new TPA relationship. E. The City will benefit from data resulting in actions that would enable it to control the escalating medical costs. 8 F. The increased use of the “sub rosa” technique in investigating suspected abuse would send a signal to potential abusers. G. Any goals to reduce injuries and costs will be more readily achievable if all members of the City management team embrace them. This is an objective that should be of concern to the entire organization.
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CL11 Page 34A. The high turnover rate in city managers has created confusion among the City’s staff. 23 B. The use of a city credit card for personal purposes is in violation of existing City policy. C. The relief effort to assist Ixtlahuacan, Mexico, violated numerous City ordinances and policies. D. The issuance of a $5,000 City check for the humanitarian effort is not consistent with City policy on emergency disbursements. E. The oversight in the use of grant monies is lacking. F. Soliciting contributions from city contractors to fund social events conveys to the public an impression of impropriety. G. The fees paid to the City attorney for his services as City attorney are not based on his retainer contract executed on July 14, 1998.
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CL12 Page 37A. Land retirement is having a multidimensional, deleterious effect on Western Fresno County. As land retirement continues, its adverse consequences will increase in scope and severity. It will affect agriculture, land use, land management, taxes, employment, housing, schools, businesses and communities in the impacted area. B. The efforts to address the problems of land retirement are uncoordinated. The agencies and cities involved are addressing the problems in their areas of responsibility and jurisdiction, independent of one another.
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CL13 Page 42A. It is reasonable and responsible to require all volunteers who work one on one with children in the Fresno Unified School District to be fingerprinted. B. It may be a deterrent to charge a $50.00 fee to adults who wish to volunteer their services. C. There are many areas in schools where volunteers may be utilized.
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CL14 Page 46A. Concerns regarding the rodent and cockroach infestation were exaggerated. Corrective procedures were and remain in place when a problem occurs. B. A shortage of custodial help results in on site services being delayed and deterioration of facilities C. Involvement of FUSD administration and additional funding will be required to correct the custodial and maintenance problems. D. In order to correct a shortage, principals and staff can acquire extra desks from the central warehouse. There are also informal agreements between some schools to share desks when needed. E. Desk and furniture repair and replacement are provided in the normal course of school operations. A delay may occur as a result of teacher apathy in the timely reporting of problems. F. Planned control of class size has not been addressed in a formal manner by the district administration and school principals. G. Problems related to textbooks exist throughout the school system. Some of these problems relate to funding, inventory control and replacement of textbooks in a timely manner H. A district wide procedure for retrieving school textbooks is needed. This is especially true for schools with a high student transient rate. I. In FUSD schools, the principals are responsible for complete school site management. Some principals lack management skills. J. Having created autonomous site management, the FUSD has distanced itself from oversight responsibilities of the individual campuses. K. Each year the loss, defacing and theft of textbooks has caused a significant dollar loss within the district. L. FUSD administration is not aware of the annual dollar amount of lost or unusable textbooks. M. Schools with a high student transient rate lose more books than schools with a stable student body. 35 N. Since 1993, there has been no change in district wide policy regarding accountability for textbooks. Upon review, the 1993 policy was found to be obsolete.
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CL15 Page 52A. The foster care system is complicated. It would be difficult for an experienced social worker to perform the tasks associated with a case from its inception to its conclusion. B. Comprehensive policies and procedures are not in place to effectively make a first placement. C. Some children are moved multiple times without achieving positive results. D. Referring to the 2002/2003 FCGJ conclusion A., "The large number of sites used in the administration of foster care services creates difficulties in communication and coordination of services." The people responsible for making the system work effectively are required to travel extensively to service clients. This causes loss of time in communication and cooperation leading to placement delays. E. Project timelines and deadlines are not being followed. F. Consistent foster care policies and procedures are not in place for social workers. G. Cooperation is limited between the individual social workers regarding the problems of foster parents and foster children. H. Job descriptions as well as policies and procedures are outdated. I. Recruitment of foster parents has not been effective. J. Fresno County is moving too slowly in implementing the Family to Family concept. K. There are no available statistics to analyze causes and costs of moving children from foster home to foster home. 41 L. The responses to the recommendations of the 2002-03 FCGJ have not been completed.
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CL16 Page 61A. The state mandated IHSS program is unwieldy. B. Benefits of this program are numerous, primarily avoiding more expensive out of home care. C. The program, as it was conceived, has left management to its own devises. D. Present laws are not encompassing or sufficient enough to control a program of this magnitude. E. Inadequate policies, procedures and training, leave social workers at a disadvantage in effectively performing their duties. F. Considering the number of cases carried by each social worker the potential for fraud exists. G. The IHSS, established with few regulations and little oversight, provides numerous opportunities for fraud. H. The present IHSS operation uses outdated, inefficient methods of bookkeeping. I. Without the ability to crosscheck timecard information, the present method of processing allows for fraud. J. The program is less efficient in the detection of fraud because of the lack of a computer system. K. A fraud unit established recently by the District Attorney's office has helped to prosecute fraud cases. L. The Public Authority's staff of 17 is responsible for only 627 providers. It is not meeting its potential effectiveness.
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CL17 Page 68A. The original purpose and mission of the HRC was to promote harmony and understanding between different cultures within the community B. The present Mission Statement and the proposed Mission Purpose Statement provide that the HRC work primarily on a reactive basis, when needed C. The function of the HRC carrying out its stated mission and purpose is not accurately reflected in the present By-Laws. D. Whether or not the HRC is a reactive group depends upon the personalities of the persons appointed to the Commission. E. No evidence has been presented to the Grand Jury that the Commissioners have received training to assist them in organizing community events, such as planning parades, acting as negotiators in citizen disputes or to allocating funds to non-profit organizations.
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CL18 Page 71A. The ECF is a successful program for the discipline, education and incarceration of juvenile offenders in a boot camp environment. B. The ECF has limited vocational education programs. C. The FBA has no vocational programs. D. PAPP’s are necessary to qualify ECF and FBA youths for apprenticeships in the building trades. E. This apprenticeship program is limited to only 40 participants by contractual arrangement. 60 F. ECF and FBA directors do not aggressively seek assistance and advice from local businesses and industries to further expand the program. G. California Youth Outreach has improved the attendance and made other program improvements at FBA. H. At present Teilman campus is not an adequate facility to accomplish its mission.
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CL19 Page 75A. MAGEC has shown that peace officers from various agencies can join together to form a strong cohesive team that continues to be a vital force in suppressing gang activities. B. MAGEC has the support of the legal system including the District Attorney’s office, the Court system, Federal agencies, California and all police agencies in Fresno County. C. Participation by law enforcement agencies in MAGEC is limited by funding. D. The use of the civil injunction process is proving to be an effective tool in the fight against gang activity.
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CL20 Page 81A. Enforcement of rules in place will result in cleaner or no emissions from both stationary and mobile sources of pollution. 70 B. The EPA has established regulations, which will require the manufacture of cleaner burning fuel as well as more efficient engines. It has also established a timetable for action by local authorities to reduce air pollution. C. The State of California and the APCD have taken action to implement the rules and to establish regulations for reduction of air pollution. D. Mobile sources of pollution are difficult to reduce because of the need for private transportation, as well as the proliferation of vehicles from outside the Valley utilizing Valley highways. E. Steps have been taken by the Legislature to reduce some of the problems, such as eliminating the agricultural burning exemption from pollution control laws. F. Voluntary action by the public, such as reducing home fireplace wood burning and participation in incentive programs, has been partially successful. G. Air pollution caused by emissions from public transit vehicles and school busses can be substantially reduced or eliminated by changing to cleaner burning fuels or adopting new and available technology for such vehicles. H. Air pollution caused by emissions from out of state vehicles can be substantially reduced by stricter requirements and imposing fines for non- compliance.
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CL21 Page 84Adverse impacts on health caused by air pollution cannot be comprehensively evaluated by the San Joaquin Valley Air Pollution Control District without input from the medical profession. 73
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CL22 Page 87A. School busses contribute to the air pollution in Fresno County. Older busses usually produce more pollution than new busses. B. Consolidated transportation operations are able to replace busses and engines as new technology becomes available. There is efficiency in the maintenance of busses and provision of services as a result of size of operation. C. Both air quality and ridership improve with larger more efficient systems.
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CL23 Page 89A. North bound traffic exiting the freeway onto Friant Road now backs up into S.R.41through lanes creating a dangerous condition. A similar problem will soon occur at the Herndon Avenue and Shaw Avenue interchanges. B. Improvement of the S.R. 41 interchange at Friant Road in the City will eliminate a severe traffic hazard, enhance traffic flow and improve air quality. C. The lack of funding precluded earlier work to increase off ramp capacity and eliminate the most congested interchange in this area. D. Impact fees assessments, are now being collected from developers for projected city infrastructure needs, which should include state highways improvements. E. As population increases, traffic safety and air quality problems will continue to mount to the disservice of the community, unless the City and Caltrans resolve their differences.