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Extraído del Informe Consolidado

Esta investigación fue publicada originalmente como parte de un informe consolidado más amplio que contiene múltiples investigaciones. Consulte el PDF consolidado para ver el documento completo.

Fresno County Grand Jury • 2005-2006 • Agency Response

Citizen Complaints

Published: July 13, 2006 104 pages

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⚠️ Aviso de traducción: Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Note: Missing finding numbers detected: F27, 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, F186, F187, F188, F189, F190, F191, F192, F193, F194, F195, F196, F197, F198, F199, F200, F201, F202, F203, F204, F205, F206, F207, F208, F209, F210, F211, F212, F213, F214, F215, F216, F217, F218, F219, F220, F221, F222, F223, F224, F225, F226, F227, F228, F229, F230, F231, F232, F233, F234, F235, F236, F237, F238, F239, F240, F241, F242, F243, F244, F245, F246, F247, F248, F249, F250, F251, F252, F253, F254, F255, F256, F257, F258, F259, F260, F261, F262, F263, F264, F265, F266, F267, F268, F269, F270, F271, F272, F273, F274, F275, F276, F277, F278, F279, F280, F281, F282, F283, F284, F285, F286, F287, F288, F289, F290, F291, F292, F293, F294, F295, F296, F297, F298, F299, F300, F301, F302, F303, F304, F305, F306, F307, F308, F309, F310, F311, F312, F313, F314, F315, F316, F317, F318, F319, F320, F321, F322, F323, F324, F325, F326, F327, F328, F329, F330, F331, F332, F333, F334, F335, F336, F337, F338, F339, F340, F341, F342, F343, F344, F345, F346, F347, F348, F349, F350, F351, F352, F353, F354, F355, F356, F357, F358, F359, F360, F361, F362, F363, F364, F365, F366, F367, F368, F369, F370, F371, F372, F373, F374, F375, F376, F377, F378, F379, F380, F381, F382, F383, F384, F385, F386, F387, F388, F389, F390, F391, F392, F393, F394, F395, F396, F397, F398, F399, F400, F401, F402, F403, F404, F405, F406, F407, F408, F409, F410, F411, F412, F413, F414, F415, F416, F417, F418, F419, F420, F421, F422, F423, F424, F425, F426, F427, F428, F429, F430, F431, F432, F433, F434, F435, F436, F437, F438, F439, F440, F441, F442, F443, F444, F445, F446, F447, F448, F449, F450, F451, F452, F453, F454, F455, F456, F457, F458, F459, F460, F461, F462, F463, F464, F465, F466, F467, F468, F469, F470, F471, F472, F473, F474, F475, F476, F477, F478, F479, F480, F481, F482, F483, F484, F485, F486, F487, F488, F489, F490, F491, F492, F493, F494, F495, F496, F497, F498, F499, F500, F501, F502, F503, F504, F505, F506, F507, F508, F509, F510, F511, F512, F513, F514, F515, F516, F517, F518, F519, F520, F521, F522, F523, F524, F525, F526, F527, F528, F529, F530, F531, F532, F533, F534, F535, F536, F537, F538, F539, F540, F541, F542, F543, F544, F545, F546, F547, F548, F549, F550, F551, F552, F553, F554, F555, F556, F557, F558, F559, F560, F561, F562, F563, F564, F565, F566, F567, F568, F569, F570, F571, F572, F573, F574, F575, F576, F577, F578, F579, F580, F581, F582, F583, F584, F585, F586, F587, F588, F589, F590, F591, F592, F593, F594, F595, F596, F597, F598, F599, F600, F601, F602, F603, F604, F605, F606, F607, F608, F609, F610, F611, F612, F613, F614, F615, F616, F617, F618, F619, F620, F621, F622, F623, F624, F625, F626, F627, F628, F629, F630, F631, F632, F633, F634, F635, F636, F637, F638, F639, F640, F641, F642, F643, F644, F645, F646, F647, F648, F649, F650, F651, F652, F653, F654, F655, F656, F657, F658, F659, F660, F661, F662, F663, F664, F665, F666, F667, F668, F669, F670, F671, F672, F673, F674, F675, F676, F677, F678, F679, F680, F681, F682, F683, F684, F685, F686, F687, F688, F689, F690, F691, F692, F693, F694, F695, F696, F697, F698, F699, F700, F701, F702, F703, F704, F705, F706, F707, F708, F709, F710, F711, F712, F713, F714, F715, F716, F717, F718, F719, F720, F721, F722, F723, F724, F725, F726, F727, F728, F729, F730, F731, F732, F733, F734, F735, F736, F737, F738, F739, F740, F741, F742, F743, F744, F745, F746, F747, F748, F749, F750, F751, F752, F753, F754, F755, F756, F757, F758, F759, F760, F761, F762, F763, F764, F765, F766, F767, F768, F769, F770, F771, F772, F773, F774, F775, F776, F777, F778, F779, F780, F781, F782, F783, F784, F785, F786, F787, F788, F789, F790, F791, F792, F793, F794, F795, F796, F797, F798, F799, F800, F801, F802, F803, F804, F805, F806, F807, F808, F809, F810, F811, F812, F813, F814, F815, F816, F817, F818, F819, F820, F821, F822, F823, F824, F825, F826, F827, F828, F829, F830, F831, F832, F833, F834, F835, F836, F837, F838, F839, F840, F841, F842, F843, F844, F845, F846, F847, F848, F849, F850, F851, F852, F853, F854, F855, F856, F857, F858, F859, F860, F861, F862, F863, F864, F865, F866, F867, F868, F869, F870, F871, F872, F873, F874, F875, F876, F877, F878, F879, F880, F881, F882, F883, F884, F885, F886, F887, F888, F889, F890, F891, F892, F893, F894, F895, F896, F897, F898, F899, F900, F901, F902, F903, F904, F905, F906, F907, F908, F909, F910, F911, F912, F913, F914, F915, F916, F917, F918, F919, F920, F921, F922, F923, F924, F925, F926, F927, F928, F929, F930, F931, F932, F933, F934, F935, F936, F937, F938, F939, F940, F941, F942, F943, F944, F945, F946, F947, F948, F949, F950, F951, F952, F953, F954, F955, F956, F957, F958, F959, F960, F961, F962, F963, F964, F965, F966, F967, F968, F969, F970, F971, F972, F973, F974, F975, F976, F977, F978, F979, F980, F981, F982, F983, F984, F985, F986, F987, F988, F989, F990, F991, F992, F993, F994, F995, F996, F997, F998, F999, F1000, F1001, F1002, F1003, F1004, F1005, F1006, F1007, F1008, F1009, F1010, F1011, F1012, F1013, F1014, F1015, F1016, F1017, F1018, F1019, F1020, F1021, F1022, F1023, F1024, F1025, F1026, F1027, F1028, F1029, F1030, F1031, F1032, F1033, F1034, F1035, F1036, F1037, F1038, F1039, F1040, F1041, F1042, F1043, F1044, F1045, F1046, F1047, F1048, F1049, F1050, F1051, F1052, F1053, F1054, F1055, F1056, F1057, F1058, F1059, F1060, F1061, F1062, F1063, F1064, F1065, F1066, F1067, F1068, F1069, F1070, F1071, F1072, F1073, F1074, F1075, F1076, F1077, F1078, F1079, F1080, F1081, F1082, F1083, F1084, F1085, F1086, F1087, F1088, F1089, F1090, F1091, F1092, F1093, F1094, F1095, F1096, F1097, F1098, F1099, F1100, F1101, F1102, F1103, F1104, F1105, F1106, F1107, F1108, F1109, F1110, F1111, F1112, F1113, F1114, F1115, F1116, F1117, F1118, F1119, F1120, F1121, F1122, F1123, F1124, F1125, F1126, F1127, F1128, F1129, F1130, F1131, F1132, F1133, F1134, F1135, F1136, F1137, F1138, F1139, F1140, F1141, F1142, F1143, F1144, F1145, F1146, F1147, F1148, F1149, F1150, F1151, F1152, F1153, F1154, F1155, F1156, F1157, F1158, F1159, F1160, F1161, F1162, F1163, F1164, F1165, F1166, F1167, F1168, F1169, F1170, F1171, F1172, F1173, F1174, F1175, F1176, F1177, F1178, F1179, F1180, F1181, F1182, F1183, F1184, F1185, F1186, F1187, F1188, F1189, F1190, F1191, F1192, F1193, F1194, F1195, F1196, F1197, F1198, F1199, F1200, F1201, F1202, F1203, F1204, F1205, F1206, F1207, F1208, F1209, F1210, F1211, F1212, F1213, F1214, F1215, F1216, F1217, F1218, F1219, F1220, F1221, F1222, F1223, F1224, F1225, F1226, F1227, F1228, F1229, F1230, F1231, F1232, F1233, F1234, F1235, F1236, F1237, F1238, F1239, F1240, F1241, F1242, F1243, F1244, F1245, F1246, F1247, F1248, F1249, F1250, F1251, F1252, F1253, F1254, F1255, F1256, F1257, F1258, F1259, F1260, F1261, F1262, F1263, F1264, F1265, F1266, F1267, F1268, F1269, F1270, F1271, F1272, F1273, F1274, F1275, F1276, F1277, F1278, F1279, F1280, F1281, F1282, F1283, F1284, F1285, F1286, F1287, F1288, F1289, F1290, F1291, F1292, F1293, F1294, F1295, F1296, F1297, F1298, F1299, F1300, F1301, F1302, F1303, F1304, F1305, F1306, F1307, F1308, F1309, F1310, F1311, F1312, F1313, F1314, F1315, F1316, F1317, F1318, F1319, F1320, F1321, F1322, F1323, F1324, F1325, F1326, F1327, F1328, F1329, F1330, F1331, F1332, F1333, F1334, F1335, F1336, F1337, F1338, F1339, F1340, F1341, F1342, F1343, F1344, F1345, F1346, F1347, F1348, F1349, F1350, F1351, F1352, F1353, F1354, F1355, F1356, F1357, F1358, F1359, F1360, F1361, F1362, F1363, F1364, F1365, F1366, F1367, F1368, F1369, F1370, F1371, F1372, F1373, F1374, F1375, F1376, F1377, F1378, F1379, F1380, F1381, F1382, F1383, F1384, F1385, F1386, F1387, F1388, F1389, F1390, F1391, F1392, F1393, F1394, F1395, F1396, F1397, F1398, F1399, F1400, F1401, F1402, F1403, F1404, F1405, F1406, F1407, F1408, F1409, F1410, F1411, F1412, F1413, F1414, F1415, F1416, F1417, F1418, F1419, F1420, F1421, F1422, F1423, F1424, F1425, F1426, F1427, F1428, F1429, F1430, F1431, F1432, F1433, F1434, F1435, F1436, F1437, F1438, F1439, F1440, F1441, F1442, F1443, F1444, F1445, F1446, F1447, F1448, F1449, F1450, F1451, F1452, F1453, F1454, F1455, F1456, F1457, F1458, F1459, F1460, F1461, F1462, F1463, F1464, F1465, F1466, F1467, F1468, F1469, F1470, F1471, F1472, F1473, F1474, F1475, F1476, F1477, F1478, F1479, F1480, F1481, F1482, F1483, F1484, F1485, F1486, F1487, F1488, F1489, F1490, F1491, F1492, F1493, F1494, F1495, F1496, F1497, F1498, F1499, F1500, F1501, F1502, F1503, F1504, F1505, F1506, F1507, F1508, F1509, F1510, F1511, F1512, F1513, F1514, F1515, F1516, F1517, F1518, F1519, F1520, F1521, F1522, F1523, F1524, F1525, F1526, F1527, F1528, F1529, F1530, F1531, F1532, F1533, F1534, F1535, F1536, F1537, F1538, F1539, F1540, F1541, F1542, F1543, F1544, F1545, F1546, F1547, F1548, F1549, F1550, F1551, F1552, F1553, F1554, F1555, F1556, F1557, F1558, F1559, F1560, F1561, F1562, F1563, F1564, F1565, F1566, F1567, F1568, F1569, F1570, F1571, F1572, F1573, F1574, F1575, F1576, F1577, F1578, F1579, F1580, F1581, F1582, F1583, F1584, F1585, F1586, F1587, F1588, F1589, F1590, F1591, F1592, F1593, F1594, F1595, F1596, F1597, F1598, F1599, F1600, F1601, F1602, F1603, F1604, F1605, F1606, F1607, F1608, F1609, F1610, F1611, F1612, F1613, F1614, F1615, F1616, F1617, F1618, F1619, F1620, F1621, F1622, F1623, F1624, F1625, F1626, F1627, F1628, F1629, F1630, F1631, F1632, F1633, F1634, F1635, F1636, F1637, F1638, F1639, F1640, F1641, F1642, F1643, F1644, F1645, F1646, F1647, F1648, F1649, F1650, F1651, F1652, F1653, F1654, F1655, F1656, F1657, F1658, F1659, F1660, F1661, F1662, F1663, F1664, F1665, F1666, F1667, F1668, F1669, F1670, F1671, F1672, F1673, F1674, F1675, F1676, F1677, F1678, F1679, F1680, F1681, F1682, F1683, F1684, F1685, F1686, F1687, F1688, F1689, F1690, F1691, F1692, F1693, F1694, F1695, F1696, F1697, F1698, F1699, F1700, F1701, F1702, F1703, F1704, F1705, F1706, F1707, F1708, F1709, F1710, F1711, F1712, F1713, F1714, F1715, F1716, F1717, F1718, F1719, F1720, F1721, F1722, F1723, F1724, F1725, F1726, F1727, F1728, F1729, F1730, F1731, F1732, F1733, F1734, F1735, F1736, F1737, F1738, F1739, F1740, F1741, F1742, F1743, F1744, F1745, F1746, F1747, F1748, F1749, F1750, F1751, F1752, F1753, F1754, F1755, F1756, F1757, F1758, F1759, F1760, F1761, F1762, F1763, F1764, F1765, F1766, F1767, F1768, F1769, F1770, F1771, F1772, F1773, F1774, F1775, F1776, F1777, F1778, F1779, F1780, F1781, F1782, F1783, F1784, F1785, F1786, F1787, F1788, F1789, F1790, F1791, F1792, F1793, F1794, F1795, F1796, F1797, F1798, F1799, F1800, F1801, F1802, F1803, F1804, F1805, F1806, F1807, F1808, F1809, F1810, F1811, F1812, F1813, F1814

Findings 28 findings

The building did not meet the space or configuration requirements of FCERA’s Board and staff. Extensive remodeling would have been required.3

No cost estimate was made for the renovations that would be necessary to house the staff prior to the purchase.4 1 Real Estate Due Diligence and the Closing Process - What institutional investors must know to assure that purchases will not unravel, now or later, by Tracy L. DeMay, Acquisitions Director of Closings, The RREEF Funds and published to Real Estate Review, Vol. 28, No. 3, Fall 1998, pp. 45-52. State of California County Employees’ Retirement Law of 1937, Title 3, Article 1. Architects’ cost estimate dated Feb. 2003, F1, F2 4 Title Company closing statement 2

The building was, and is, on the National Registry of Historical Sites. This limits changes to the structure.

Fresno County maintenance personnel inspected the building and found the following deficiencies noted in a memo dated July 9, 2002: • Old and poorly maintained heating, ventilation and air conditioning equipment • Extensive cracks on plastered brick walls • Roof not inspected but noted as having probable leaks • Some roof beams noticeably deflecting and over-stressed • Expense of pulling new wiring and cable for equipment noted

Pest control report item 10B notes possible roof leaks.

Seller’s financial information showed an operating rental loss of $26,000 for calendar year 2001.

The 2002 meeting minutes make no mention of any selection process for a realtor or any Board vote upon the selected broker or agent.

The selected real estate agent was inexperienced and had never sold property as a sole agent. The agent was an acquaintance of two of the Board members.

FCERA paid a commission of four percent, $68,000, to the real estate broker. It is not usual or customary for the buyer of a property to pay the commission.

F10

At the July 10, 2002 meeting, the Board minutes report “after some discussion and questions from Board members, a motion was made to give authorization to purchase said property for 1.725 million (sic) with a stipulation that a structural engineer (our emphasis) be hired to inspect the property and if there are any major structural damage, the Association would have their $25,000 deposit returned. A formal roll call was taken. The motion passed with six ayes to three nays. A special retirement board meeting would be convened on July 19, 2002 to hear the engineer’s report”.

F11

A licensed contractor, not a structural engineer, made the building inspection on July 16, 2002.5

F12

California Government Code § 54957.1. (a) of The Brown Act states: “The legislative body ... shall publicly report any action taken in closed session and the vote or abstention of every member present ... concluding real estate negotiations ... shall be reported after the agreement is final, ... The body shall 5 Inspector’s report dated 7/18/02 3 report that approval and the substance of the agreement in open session at the public meeting during which the closed session is held”. • At the special board meeting held on July 19, 2002 negotiations and the vote to purchase were held in closed session. • The only item reported in open session was the result of the vote. • The substance of the agreement was not reported according to law.

F13

The closed session report for the July 19, 2002 special meeting minutes for agenda item No. 3 are as follows: “Conference with Real Property Negotiator: Consider Acquiring Property From REHL Estate Properties Located at 1713 Tulare Street, Fresno, Calif. And Terms of Purchase: “The structural engineer’s report was presented to the Board regarding the property located at 1713 Tulare Street. “After examining the report and a brief question and answer session, a motion was made by Board member Arambula, seconded by Board member Abshere to accept the engineer’s report and instruct staff to finalize the agreement to purchase the property at 1713 Tulare Street. “A formal roll call was taken. The motion passed with four ayes to three nayes and one abstention.” This is the sum total of what was reported publicly.

F14

There was no documentation or evidence discovered indicating that due diligence was performed as outlined in the “Real Estate Due Diligence and the Closing Process” document.

F15

All 2002 board meeting minutes lacked detailed information.

F16

The cost to FCERA to purchase, repair and maintain this property through December 31, 2005 was in excess of $2,000,000.6

F17

Because of the estimated cost of renovating the train station, the Board decision was to erect a building with an additional cost in excess of $2,000,000. FCERA budget status report for period ending 12/31/04, FCERA Fresno Station operations 08/15/02 through 12/31/05 4

F18

The Board is currently renting out the train station building and has incurred an operating loss of $219,123. for the period August 15, 2002 through June 30, 2005. CONCLUSIONS C1 The Board performed minimal due diligence for the purchase of its building. C2 The Board voted to buy the building even though the structural engineer stipulation as a condition of purchase, voted on nine days earlier, was not met. C3 The 2002 meeting minutes give no indication that the building search committee kept the entire board apprised of the building search progress. This may have been done in closed session, but the Grand Jury was denied access to this information due to attorney/client privilege. II. Appointments to the Association’s Board of Trustees BACKGROUND The Act defines who may serve as a member of the Board of Trustees and states that “…The fourth, fifth, sixth and ninth members shall be qualified electors of the county who are not connected with the county government in any capacity, except one may be a supervisor, and shall be appointed by the Board of Supervisors…”7 RESOURCES • State of California “County Employees’ Retirement Law of 1937” • State Attorney General’s Opinion Re: 1937 County Retirement Law – Retired Member as Board Member 8 FINDINGS

F19

The Act specifies that, with the exception of the supervisor, the other three appointees “may not be connected with the county government in any capacity”. State of California County Employees’ Retirement Law of 1937, Title 3, Article 3 8 California Attorney General’s Opinion No. IL 77-185, dated December 20, 1977 5

F20

Attorney General’s opinion finds: “…Accordingly, we conclude that under the County Employees Retirement Act of 1937 a retired member cannot serve as the fourth, sixth or ninth member of the retirement board…”

F21

The 2002 Board of Trustees had two appointed members who were connected to County government in some capacity. One of those members has been re- appointed for the 2006-2009 term. CONCLUSIONS C4 The 2002 FCERA Board of Trustees did not conform to The Act. C5 The current FCERA Board does not conform to The Act.

F22

A helpful tool in court cases is an IHSS “admonition” form regarding fraud called “Rights and Responsibilities”, which is being used for intake applications for providers and recipients. 13

F23

According to SIU these forms are seldom being used by social workers.

F24

The State of California now has a database to track providers convicted of fraud.

F25

The SIU does not track whether convicted providers are from the registry.

F26

Over $9.4 Million in benefit payments are paid monthly in Fresno County14 $11 Million paid annually.

F28

Existing law provides that criminal background checks can be requested of the California Department of Justice (DOJ) by IHSS recipients.15 CONCLUSIONS C1 Establishment of the an IHSS Fraud Unit in 2003 was necessary to recover lost funds. C2 The result of SIU investigations has more than offset the cost of running the unit. C3 The SIU is understaffed and they are unable to handle the volume of cases referred to them. C4 Based on ten investigations completed a month by SIU Investigators, it would take 3.5 years to complete the 412 backlogged cases. C5 Money recovered from IHSS fraud does not benefit the SIU or IHSS program, but must be repaid to County, State and Federal Government.16 C6 The SIU could use another van for surveillance and a nighttime video camera. C7 Social workers, as the gatekeepers to protect recipients and providers, are in the best position to report IHSS fraud. C8 Recipients convicted of fraud in the IHSS system are felons, should be denied reapplication to the program. District Attorney’s Fraud Unit – SIU Testimony – Findings: F22, F23, F24, F25, F26 14 District Attorney’s Fraud Unit – SIU Testimony and Highlights – Findings: F16, F17, F18, F19, F20,

F1815

Expenditure per Student by State Total Type FUSD Average Variance Variance Unified 2004-2005 School per ADA Districts Average Daily Attendance(ADA) 75,137 n/a Certificated Salary/ADA $ 3,901 $ 3,664 $ 237 $17,807,469 Non-Certificated Salary/ADA $ 1,090 $ 1,094 $ (4) $ (300,548) Employee Benefits/ADA $ 1,984 $ 1,445 $ 539 $40,498,843 Total $ 6,975 $ 6,203 $ 772 $58,005,764 CONCLUSIONS C1 Unfunded liability • Monies that should be going to students’ education are going toward excessive health benefits. • The District’s health benefits must be brought in line with State averages as soon as possible. • The District has demonstrated that it is not capable of controlling a pay-as- you-go self-insured plan. • The District’s Summary Health Care Plan Document is out of date. The Summary Plan is currently in the process of being updated. C2 Board of Education • The Board is operating a $900,000,000 business. • The paramount qualifications of a board member should be management and financial expertise. • Many board members lack the financial expertise to make informed decisions. • Board members should be free from conflict of interest. • The Board does not seem to have the political will or a sense of urgency in further reducing the unfunded health liability. C3 JIMBY • Board members should be free from conflict of interest. Choosing Our Future 15 Ed-Data website, www.ed-data.k12.ca.us/finance/MC-FinanceResults.asp 45

Recommendations 36

R0

4% of Annual IHSS Benefit Payments 0.4% Annual IHSS Benefit Payments $112,000,000 IHSS Fraud Division Budget $560,000 IHSS Fraud Division: FY 03-04 Statistics Investigation: 161 Referrals for investigation of suspected fraud Prosecution: 56 Cases referred for criminal prosecution with an estimated loss of $282,035 25 Criminal Convictions [13 felonies and 12 misdemeanors] with court ordered restitution of $167,432 IHSS Fraud Division: FY 04-05 Statistics Investigation: 297 Referrals for investigation of suspected fraud Prosecution: 90 Cases referred for criminal prosecution with an estimated loss of $484,000 53 Criminal Convictions [28 felonies and 25 misdemeanors] with court ordered restitution of $368,000 IHSS Fraud Division: FY 05-06 YTD Statistics Investigation: 214 Referrals for investigation of suspected fraud Prosecution: 43 Cases referred for criminal prosecution with an estimated loss of $154,331 38 Criminal Convictions [16 felonies and 22 misdemeanors] with court ordered restitution of $97,895 IHSS Fraud Division: Statistics Provider vs. Recipient Fraud 32% 68% Provider Fraud Recipient Fraud IHSS Fraud Division: Statistics Major Types of Provider Fraud 10% Provider not Working 18% Recipient Deceased 48% Provider Incarcerated Recipient Hospitalized 24% IHSS Fraud Division: Statistics Major Types of Recipient Fraud Overstated 5% Needs Unreported 25% 40% Changes in Household Demanding Share of Provider Pay Misreported Income 30%
R1

Due diligence and proper procedures be followed in any future property transactions
R2

The Brown Act be followed in regard to open meetings and reporting the results and trustee vote tallies from closed session meetings of all actions
R3

The Board Of Supervisors follow The 1937 Act in appointments to the FCERA Board
R4

The Board Of Supervisors remove the current non-conforming member of the board
R5

The Board Of Supervisors appoint a member who is in compliance with requirements of The 1937 Act.
R6

The Board of Supervisors must seek outside legal counsel to explore the feasibility of renegotiating the Ventura Settlement.
R7

The Board of Supervisors must comply with the law as to the number of appointees to the Retirement Board who are not connected with the County Government.
R8

FCERA must require continuing pension management training for its Board members and chief administrator.
R9

The FCERA Board must not grant any benefits from “excess earnings” unless they are fully funded, i.e., enough money is set aside to pay that benefit through the life expectancy of the youngest person granted that benefit or grant only one-time lump sum distributions.
R10

The Board of Supervisors must actively support legislation to amend the California State constitution to modify retirement benefits from a Defined Benefit Plan to a Defined Contribution Plan or a mixture of the two. An example of such legislation is a proposed constitutional amendment ACA 23 which was introduced by Keith Richman. For a complete text of the amendment go to www.leginfo.ca.gov and search on aca 23. 40
R05-01

Alleged miscarriage of justice in judicial system
R05-02

Alleged mistreatment of state prisoner
R05-03

Alleged mishandling of case by police officer re elder abuse
R05-04

Inquiry into tracking of sexual predators in county
R05-05

Alleged sexual assault, denial food , medical care, state prison
R05-06

Alleged mistreatment by correctional officer, state prison
R05-07

Alleged mishandling in judicial system 1 Fresno City District Attorney’s Office 2 California Grand Jurors’ Manual,
R05-08

Alleged mishandling by U.S. Postal Service*
R05-09

Alleged murder of inmate at state prison
R05-10

Alleged assault by sheriff’s deputy
R05-11

Alleged assault by correctional officer in state prison
R05-12

Alleged mishandling by Internal Revenue Services*
R05-13

Alleged dirty conditions food area, no medical care
R05-14

Alleged sexual harassment on job and firing
R05-15

Alleged miscarriage of justice in judicial system
R05-16

Alleged mistreatment by a police officer
R05-17

Alleged mistreatment by sheriff’s deputy
R05-18

Vague complaint, request for complaint form, pending
R06-19

Alleged misconduct by police officer
R06-20

Vague complaint, request for complaint form, pending
R06-21

Alleged mistreatment in Ad-Seg Housing, state prison
R06-22

Alleged mishandling of prisoner, assault by cell mate
R06-23

Alleged sexual assault in Ad-Seg by state prison
R06-24

Alleged mistreatment and sexual assault at state prison
R06-25

Alleged denial of proper medical care at state prison *Not in our Jurisdiction SUMMARY OF COMPLAINT TYPES JUDICIAL COMPLAINTS* 3 FEDERAL COMPLAINTS* 2 STATE PRISON 12 RE: FRESNO POLICE, REEDLEY PD 3 RE: FRESNO SHERIFF’S OFFICE 2 MISC 3 TOTAL 25 COMPLAINTS, MULTIPLE LETTERS 9 TOTAL ALL RESPONSES 34 * Not in our Jurisdiction FINDINGS F1 The increased volume of complaints received by this Grand Jury far exceeds the time available for investigation.3 3 Complaint Letters Log, Law Committee 2005-06 57 F2 Some criminal complaints from state prisoners have special circumstances and are time consuming to investigate.4 F3 The District Attorney’s Office will assist the Grand Jury when special circumstances make it questionable whether a prisoner is receiving a fair hearing. F4 The grand jury may, at all times, ask the advice of the court, the judge thereof, the county counsel, the district attorney, or the attorney general. F5 Penal Code §926 states the grand jury may, after obtaining court approval, employ professional auditor or appraiser services for specific purposes. F6 Penal Code §936.5 provides procedures for presiding judge to employ special counsel or investigators at the request of the Grand Jury. COMMENTS It is suggested by the 2005-2006 Grand Jury that the incoming Grand Jury of 2006- 2007, form a Complaint Committee to handle all complaints coming to the Fresno County Grand Jury. RECOMMENDATION Rl It is recommended that the District Attorney’s Office continue to support the Grand Jury with assistance to investigate special circumstances. REQUEST FOR RESPONSES Pursuant to Penal Code §933.05, the Grand Jury requests responses from the following: The Fresno County District Attorney: R1 Please be reminded that the responses from elected officials are due of receipt of this report. Complaint Letters Log 5 The Fresno City District Attorney’s Office 6 The California Grand Jurors’ Manual, Chapter VIII, P. 9 58 MULTI-AGENCY GANG ENFORCEMENT CONSORTIUM (MAGEC) INTRODUCTION The Fresno County Grand Jury of 2005-2006 believes it is important to again review the status and success of the Multi-Agency Gang Enforcement Consortium (MAGEC), as recommended by the Fresno County Grand Juries of 2001-2002 and 2003-2004. 1 2 BACKGROUND “On January 3 of 1994, the Fresno County Sheriff’s Office formally established their gang enforcement team titled C.R.A.S.H. (Combined Resources Against Street Hoodlums).” In 1997, the sheriff proposed one unique law enforcement body be established. MAGEC was formed with approval of the California State Governor. 3 “The men and women of MAGEC, believe that a multi-agency and a multi-level approach to combat gang crime is the most comprehensive and effective method in existence.” PROCEDURES FOLLOWED The Law Committee investigation involved interviews with the office of MAGEC, review of Final Reports of Fresno County Grand Juries of 2001-2002 and 2003-2004, responses to their reports and Fresno County Sheriff’s Office/MAGEC website. We offer our support and commendation with this report. FINDINGS F1 Gang related arrests are up 40% since 2003, according to MAGEC. F2 The average age of gang members in 2005 is between 14-31, compared to 17- 24 in 2003.  5 1 Fresno County Grand Jury Report 2001-2002 2 Fresno County Grand Jury Report 2003-2004 3 Fresno County Sheriff/MAGEC website 4 MAGEC Testimony- Findings: 5 Fresno County Grand Jury Report 2003-2004 59 F3 Even though the number of gangs has decreased by 23 since 2003, gang membership is never static. New gangs form, gangs divide, separate gangs consolidate, older gangs dissolve and MAGEC still keeps track of them.  F4 Out of 167 gang related trials, only one person was not prosecuted. This was because of mistaken identity.  F5 The District Attorney’s Office continues to have three full-time prosecutors for gang related cases, one investigator, one Hmong translator and support staff. F6 In 2005, MAGEC arrested 29 people who produced and acted in a DVD depicting criminal gang activity in Fresno.  F7 Temporary and permanent civil injunctions issued by the courts continue to prohibit gang members from associating with other gang members, intimidating people, using guns, other weapons, drugs, alcohol or trespassing and requiring that they obey laws and curfews.  F8 MAGEC’s time is dedicated 100% to gang enforcement, with 897 felony arrests in 2005.  F9 MAGEC has 38 sworn officers in the team, but according to MAGEC, the unit could immediately put to work at least 25 more officers.  F10 MAGECs’ team is a consortium of personnel from the following agencies: 6 California Department of Justice California Youth Authority Clovis Police Department Federal Bureau of Investigation Fresno City District Attorney’s Office Fresno County Sheriff’s Office Fresno Police Department Kerman Police Department Reedley Police Department F11 None of the above agencies have their own dedicated gang task force, but share in MAGEC. F12 At one time the Fresno County Probation Office had one officer in MAGEC, who was later withdrawn. F13 MAGEC must have “probable cause” to immediately enter a premises or they are delayed. MAGEC Testimony- Findings: F10, F11, F12, F13, F14, F15, F16 60 F14 With a probation officer present “probable cause” is immediate because “most gang members are in violation of probation.” F15 Both Madera and Tulare Counties have established gang task forces with training by MAGEC. F16 MAGEC’s budget in 1997 was $242,000 per year and has decreased since to $94,000 per year. The budget is set by the State of California. F17 Fresno County was selected with MAGEC to be a node for “Cal Gang”, a statewide database. This system has now developed into a nationwide database for gangs titled “Gang Net”. F18 The MAGEC task force has had a 1989 Dodge van over six years that has been unreliable for starting, air conditioning (105˚ with full armor gear), and is difficult to maintain.8 CONCLUSIONS C1 The success of MAGEC is reflected in the decrease in the number of gangs, the increase in arrests, the successful prosecution of court cases, national recognition and requests from neighboring counties for training by MAGEC. C2 Gangs are recruiting both younger and older members than in the past. C3 Civil injunctions issued by the courts continue to be an effective tool for gang control in specific neighborhoods. C4 MAGEC needs 25 more officers. C5 MAGEC is in need of two dependable vans. COMMENDATIONS The Multi-Agency Gang Enforcement Consortium is to be commended for the very effective work it does in keeping control of dangerous gangs, which threaten and coerce citizens in Fresno County. They have been a force in educating other counties and states in a new way of thinking and acting in the war against gangs. Fresno County Sheriff/MAGEC website – Finding: F17 8 MAGEC Testimony – Finding: F18 61 The District Attorney’s Office is also to be commended for the unwavering support it gives to MAGEC. RECOMMENDATIONS Based on what was learned in this review, it is recommended to the Fresno County Board of Supervisors, the Fresno City Council and the Fresno County Probation Office that: Rl MAGEC continue to receive increased support from County and City governments R2 The Fresno County Probation Office recognize the need and reinstate a probation officer to the MAGEC team. R3 Two newer dependable vans be acquired or funded for the work necessary for MAGEC. REQUESTS FOR RESPONSES Pursuant to Penal Code §933.05, the Grand Jury requests responses as follows: The Board of Supervisors: R1 and R3 The Fresno City Council: R1 and R3 The Fresno County Probation Office: R2 Please be reminded that the responses from elected officials are due of the receipt of this report and 90 days for others. IN-HOME SUPPORT SERVICES FRAUD DIVISION INTRODUCTION In 2005-2006, the Fresno County Grand Jury reviewed the In-Home Support Services (IHSS) Fraud Unit, for Fresno County. The Fraud Unit is also called the Special Investigation Unit (SIU), located in the Fresno County District Attorney’s Office. In June of 2003, the Fresno County Board of Supervisors (BOS) approved creation of the SIU for IHSS, to be staffed by the District Attorney’s Office. This is the first unit in the state dedicated to discovering fraud in the IHSS system. Before this SIU was established the incident of fraud detection was rare. The IHSS was established 33 years ago. Only in the last three years have investigations been done to detect fraud.1 The Fresno SIU has estimated the loss of money in IHSS since October 2003, is $953,420.40. Restitution ordered by the court is $651,926.40. The SIU has received 704 referrals for investigation, but is backlogged 412 cases.2 The Grand Jury felt that issues raised in the previous reports on IHSS of Grand Juries of 2003-2004 and 2004-2005, were important to the community. We will clarify some areas of concern regarding the Public Authority registry; the use of IHSS forms that aid in prosecution and where recovered monies are returned. BACKGROUND B1 What is the In-Home Support Service (IHSS) program? 4 a. The IHSS is a state mandated program established in 1973, administered by all counties under the direction of the California Department of Social Services. b. All 58 counties in California provide IHSS programs where fraud is alleged. c. The IHSS program is responsible for matching Individual Providers (IP) with appropriate recipients and their needs. District Attorney’s Fraud Division – SIU Testimony and Highlights 2 District Attorney’s Fraud Division – Monthly Summary Log – FY 2005-2006 3 Fresno County Grand Jury Reports for 2003-2004 and 2004-2005. Notes of Community Health Care Roundtable – September 18, 2003

Conclusions 23

CL1 Page 25

Integration will improve response time. C2 The Fresno City Council and the Fresno County Board of Supervisors have failed to devise or agree upon a consolidation plan. C3 The procedures and timelines proposed by the Chamber’s report are viable and necessary.
CL2 Page 55

Some of its long term and major impact decisions have been made with outdated actuarial reports.
CL3 Page 55

It has made increases in retirement benefits permanent assuming the stock market would continue to make positive advances.
CL4 Page 55

These decisions have very large and long term financial consequences for the citizens of Fresno County. C6 The Defined Benefit Plan and the way it is currently administered is a problem for the state and the counties and is recognized as such.
CL5 Page 62

Monies that should be going to students’ education are going toward excessive health benefits.
CL6 Page 62

The District’s health benefits must be brought in line with State averages as soon as possible.
CL7 Page 62

The District has demonstrated that it is not capable of controlling a pay-as- you-go self-insured plan.
CL8 Page 62

The District’s Summary Health Care Plan Document is out of date. The Summary Plan is currently in the process of being updated. C2 Board of Education
CL9 Page 62

The Board is operating a $900,000,000 business.
CL10 Page 62

The paramount qualifications of a board member should be management and financial expertise.
CL11 Page 62

Many board members lack the financial expertise to make informed decisions.
CL12 Page 62

Board members should be free from conflict of interest.
CL13 Page 62

The Board does not seem to have the political will or a sense of urgency in further reducing the unfunded health liability. C3 JIMBY
CL14 Page 62

Board members should be free from conflict of interest. 14 Choosing Our Future 15 Ed-Data website, www.ed-data.k12.ca.us/finance/MC-FinanceResults.asp 45
CL15 Page 18

C1 The Board performed minimal due diligence for the purchase of its building. C2 The Board voted to buy the building even though the structural engineer stipulation as a condition of purchase, voted on nine days earlier, was not met. C3 The 2002 meeting minutes give no indication that the building search committee kept the entire board apprised of the building search progress. This may have been done in closed session, but the Grand Jury was denied access to this information due to attorney/client privilege. II. Appointments to the Association’s Board of Trustees
CL16 Page 19

C4 The 2002 FCERA Board of Trustees did not conform to The Act. C5 The current FCERA Board does not conform to The Act.
CL17 Page 30

C1 The Application Assistance Center assists plan preparers in submitting a complete set of documents. C2 By not accepting incomplete plans, the department has eliminated the time consuming problem of multiple submittals. C3 Outsourcing reduces workload volume. C4 Combination-inspectors have resolved the problem of most inspection delays.
CL18 Page 36

C1 Child psychiatrists are needed to diagnose and prescribe a treatment program for severely disturbed. C2 The provision for a child psychiatrist, eight hours per week, to address the needs of about 40 severely disturbed adolescents, is grossly inadequate. C3 Adequate services for the severely mentally disturbed youth in Fresno are woefully lacking. C4 Providing for these youth should be a top funding priority. C5 Funds expended at the onset of psychiatric problems are the most cost- effective solution.
CL19 Page 42

C1 Drug use has many detrimental long-term effects. C2 Prevention saves lives and taxpayer money. C3 The Voluntary Drug Testing Program has proven to be a successful prevention Program. C4 The VDTP can be cost-free. C5 Help is available to start a VDTP.
CL20 Page 49

C1 The PA-Coroner-PG function has outgrown the current facility. C2 Expansion at the present location is not an option. C3 ADA compliant facilities must be addressed. C4 The continuing growth of Fresno County requires a larger and more technically advanced state of the art facility. C5 A new facility is urgently needed.
CL21 Page 67

C1. There are jobs available in Fresno County for high school graduates and those with a GED who have knowledge of tools and have taken some technical- vocational classes. C2. High-paying jobs are available and will continue to expand for workers who have obtained sufficient skills. C3. The central San Joaquin Valley remains one of the fastest growing areas of the state. C4. Only 22% of the jobs in the next decade will need a college degree, but many other jobs will require some short or long-term training following high school graduation. C5. There is a general lack of coordination and planning between secondary school counselors, teachers, and site and district administrators and their counterparts in the community colleges. 50 C6. Technical-vocational education is of great value in keeping students attending school regularly and graduating from high school. C7. There are not enough college students currently enrolled in the teacher-training program for technical-vocational teachers to meet present or future needs.
CL22 Page 79

C1 The success of MAGEC is reflected in the decrease in the number of gangs, the increase in arrests, the successful prosecution of court cases, national recognition and requests from neighboring counties for training by MAGEC. C2 Gangs are recruiting both younger and older members than in the past. C3 Civil injunctions issued by the courts continue to be an effective tool for gang control in specific neighborhoods. C4 MAGEC needs 25 more officers. C5 MAGEC is in need of two dependable vans.
CL23 Page 86

C1 Establishment of the an IHSS Fraud Unit in 2003 was necessary to recover lost funds. C2 The result of SIU investigations has more than offset the cost of running the unit. C3 The SIU is understaffed and they are unable to handle the volume of cases referred to them. C4 Based on ten investigations completed a month by SIU Investigators, it would take 3.5 years to complete the 412 backlogged cases. C5 Money recovered from IHSS fraud does not benefit the SIU or IHSS program, but must be repaid to County, State and Federal Government.16 C6 The SIU could use another van for surveillance and a nighttime video camera. C7 Social workers, as the gatekeepers to protect recipients and providers, are in the best position to report IHSS fraud. C8 Recipients convicted of fraud in the IHSS system are felons, should be denied reapplication to the program. 13 District Attorney’s Fraud Unit – SIU Testimony – Findings: F22, F23, F24, F25, F26 14 District Attorney’s Fraud Unit – SIU Testimony and Highlights – Findings: F16, F17, F18, F19, F20, F21, F27, F28 15 Assembly Human Services Committee, 2003 Legislative Summary – re: AB 2534 (Bates) 16 District Attorney’s Fraud Unit – SIU Testimony – See F21 68 C9 The “Rights and Responsibilities” form for acceptance into the IHSS program for providers and recipients must be signed every time. C10 The large number of providers working without criminal background checks is cause for concern of undisclosed abusers caring for dependent recipients. C11 Criminal background checks can be requested by recipients with assistance of IHSS social workers. C12 It is not feasible to have a central registry for all providers in the IHSS system.

Commendations 29

CM1 Page 33

In December 2002, Cedar Vista Hospital closed the only adolescent inpatient facility in Fresno County.
CM2 Page 33

There are NO inpatient beds in Fresno County available for adolescents who have attempted suicide or have life-threatening illnesses such as: schizophrenia, bi-polar disorders, abnormal depression, autism and other disabling conditions.
CM3 Page 33

Youth with the highest risk of causing injury to themselves or others require inpatient psychiatric hospitalization.
CM4 Page 33

Child and Family Services Department now contracts for inpatient facilities located outside Fresno County. In 2005, two hundred twenty (220) adolescents were hospitalized in other counties at a cost of $868,728. 18
CM5 Page 34

Inpatient treatment requires family counseling. Transportation for the families to these distant locations, often create insurmountable problems.
CM6 Page 34

In 2002, a task force was formed for the purpose of addressing this problem. The Kaweah Delta Hospital (KDH) in Visalia offered to provide adolescent inpatient services for the surrounding counties of Fresno, Merced, Madera, Kings, Tulare and Mariposa.
CM7 Page 34

KDH has a self-contained mental health hospital with an excellent twenty-two bed wing especially designed for adolescents.
CM8 Page 34

A meeting has been scheduled in Fresno between KDH and representatives from the six counties, to formulate a plan, whereby each county would directly contract with KDH for inpatient services. Partnership is required to sustain this plan.
CM9 Page 34

To date, Fresno and four other counties have signed Letters of Intent to explore the offer of contracts with KDH. A target date for implementation has been set for August 2006.
CM10 Page 34

The proximity of Visalia enhances the opportunities for family counseling.
CM11 Page 34

The Surgeon General reported, “ that more than one in five U.S. children have a mental or addictive disorder that causes impairment”. The National Center for Mental Health and Juvenile Justice found that 20% of disturbed youth have a serious mental disorder.
CM12 Page 34

Untreated mental illness is the leading cause of mental disabilities associated with certain crimes and suicide, imposing high costs on state and local government. Billions of dollars are paid for emergency care, long-term nursing care, unemployment, housing, juvenile justice, jail and prison costs.
CM13 Page 34

With early effective treatment, recovery from mental illness is possible for most adolescents. II. JUVENILE HALL
CM14 Page 34

There is a daily average of 265 youth incarcerated in the Fresno County Juvenile Hall.
CM15 Page 34

Data from the National Center for Mental Health and Juvenile Justice in 2005, suggests that 65-100% of incarcerated youth have a diagnosable mental disorder, 20% with a serious disorder. The Fresno County Probation Department, which supervises the local facility, states these statistics are slightly higher for Fresno. 19
CM16 Page 35

Severely disturbed adolescents are diagnosed as being so disturbed they require medication.
CM17 Page 35

An average of 40 severely disturbed teenagers are housed each day in Juvenile Hall.
CM18 Page 35

Only one child psychiatrist is assigned to Juvenile Hall for eight hours per week taking care of an average of 40 severely disturbed youth. Many of these adolescents are in Juvenile Hall because there is nowhere to send them for treatment.
CM19 Page 35

The Probation Department has initiated a staff-training program that utilizes specific behavioral techniques for helping emotionally disturbed youth. It is not designed to address the severely disturbed juvenile.
CM20 Page 35

Doctors of psychology can provide psychiatric counseling. Only medical doctors are permitted to diagnose and prescribe medication for the severely disturbed.
CM21 Page 35

Crimes committed by severely disturbed youth are often related to their inability to control their actions. Incarceration usually exacerbates their problems.
CM22 Page 35

The response to the 2004-05 Grand Jury recommendation for 24 hour mental health services for incarcerated youth, stated that a wraparound team (includes family/group counseling) would be provided, but there was no provision for psychiatric help for seriously disturbed juveniles.
CM23 Page 35

The new Juvenile Hall provides an excellent wing especially designed for mentally ill teenagers. The Board of Supervisors has not proposed any additional psychiatric staff for the new facility.
CM24 Page 35

Monies are available through grants, fellowships and the Federal Children System of Care to cover the cost of more psychologists and child psychiatrists.
CM25 Page 26

The Greater Fresno Area Chamber of Commerce is to be commended for taking on the roll of an unbiased third party willing to facilitate discussions and negotiations between the County and City of Fresno to integrate emergency dispatch services. REQUEST FOR RESPONSES Pursuant to Penal Code § 933.05, the Fresno County Grand Jury requests responses as follows: Fresno County Board of Supervisors: R1 and R2 Fresno City Council: R1 and R2 Please be reminded that the responses from elected officials are due within 60 days of the receipt of this report and 90 days for others. 12 THE PLANNING APPROVAL AND BUILDING PERMIT PROCESS INTRODUCTION The City Committee of the 2005-2006 Fresno County Grand Jury examined the planning approval and building permit process of the Planning and Development Department (PDD) of the City of Fresno. REASON FOR INVESTIGATION Increased construction activity in recent years has created large numbers of permit applications slowing the planning approval and building permit process. The processing of applications has taken such an inordinate amount of time that in many cases businesses have given up and located elsewhere. This issue of time has discouraged commercial, industrial and residential development in the City.
CM26 Page 36

The Probation Department is to be commended for the special staff training program that has been initiated, to teach the youth at Juvenile Hall better coping skills, which will help reduce recidivism. 21
CM27 Page 42

The Office of the Fresno County Schools is to be commended for their efforts in addressing the drug epidemic rampant in the Fresno County High Schools. The Fresno County high schools of Fowler, Washington Union. Kingsburg and Clovis are to be commended for their implementation of the VDTP. 12 III E IV B 13 IV C & D 14 IV C 15 II B 16 A, B, C, D 17 V A & B 18 V A 27
CM28 Page 79

The Multi-Agency Gang Enforcement Consortium is to be commended for the very effective work it does in keeping control of dangerous gangs, which threaten and coerce citizens in Fresno County. They have been a force in educating other counties and states in a new way of thinking and acting in the war against gangs. 7 Fresno County Sheriff/MAGEC website – Finding: F17 8 MAGEC Testimony – Finding: F18 61 The District Attorney’s Office is also to be commended for the unwavering support it gives to MAGEC.
CM29 Page 87

The District Attorney’s Fraud Division for IHSS is to be commended for its dedication and hard work in a difficult and demanding task. The Fresno IHSS social workers and providers who are hardworking, conscientious caretakers are to be commended for their commitment to their clients.

Comments 22

CO1 Page 63

The voters should to be aware the FUSD Board is running a $900,000,000 business the paramount qualifications for which must include management and financial expertise.
CO2 Page 63

Since a large part of the FUSD’s recent financial crisis was due to out of control health benefits, voters must consider candidates for the Board who do not have a conflict of interest with these issues, i.e., District employees, retirees or spouses thereof. REQUEST FOR RESPONSES Pursuant to Penal Code Section §933.05, the Grand Jury requests responses as follows: From the FUSD Board of Education: R1 through R5. Please be reminded that the responses from elected officials are due within 60 days of the release of this report and 90 days for others. 46 REINSTATE TECHNICAL-VOCATIONAL EDUCATION INTRODUCTION AND REASONS FOR STUDY The 2005-2006 Education Committee of the Fresno County Grand Jury continued to look at the status of technical-vocational education in the Fresno County schools. We recognize that schools are challenged to have students do well on state mandated tests. High schools must provide college preparatory classes for all students, but it is equally important for them to provide the technical-vocational classes to meet the needs of students who will get jobs after high school or seek specialized training at the college level. The business community needs trained workers in skilled jobs that pay well. The county superintendent stated, "We’re not just in competition for jobs with other parts of California and other states, we’re in competition globally.” The California governor has included $50 million in his budget to expand technical-vocational education from middle school through community college and to help them coordinate their programs. “Career tech is a first-class ticket to a great career in the California economy,” said the governor. With the high level of poverty in the Fresno area, it is imperative that public schools offer technical-vocational classes so students can obtain the job skills they need. Technical-vocational classes also provide other benefits. Students participate in projects that reinforce the skills taught in math, reading, and English and receive hands- on learning experiences that are meaningful to them. Students need to know about the kinds of jobs available in the area, their qualifications, work environment, and job-pay. A field trip would be valuable to at least one job site such as a medical center, business, or auto shop. Learning how to handle a variety of tools would be worthwhile for all students, and for some it might lead to a future job or hobby. PROCEDURES AND DOCUMENTATION I. We met and talked with:
CO3 Page 64

High school principals and teachers
CO4 Page 64

Present and former students
CO5 Page 64

People in business and industry
CO6 Page 22

The Greater Fresno Area Chamber of Commerce
CO7 Page 64

Fresno Unified School District officials
CO8 Page 64

Several Fresno Unified School District trustees
CO9 Page 64

Office of the Fresno County Superintendent of Schools
CO10 Page 64

Administrators in the Fresno Regional Occupational Program
CO11 Page 64

Instructors from Fresno City College and California State University at Fresno 47 II. The committee studied “Prepared For Fresno Grand Jury” dated February 2006, provided by the Fresno County Office of Education. Some of the topics that we utilized in our report are listed below:
CO12 Page 65

Technical-Vocational Training in the Fresno County High Schools 2004-2005
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Required Education and Training for Employment
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Fresno County Industry Trends and Outlook
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High Demand Occupations for Fresno County
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Occupations with Greatest Job Growth III. We read and collected newspaper articles from The Fresno Bee on technical- vocational education. IV. We studied material in:
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“The New Valley Times - 2006 Community Report,” February 28, 2006
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“The 2003-2004 Report Card” from the Fresno Regional Occupational Program
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Fresno County Office of Education
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“Fresno Compact - Champion for Schools,” Special Section of The Fresno Bee, March 1, 2006
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“The Power of Professional Preparation” by Elizabeth Boone, Marlene Hartzman, and Dianne Mero, project analysts for the Breakthrough High Schools Project at the National Association of Secondary School Principals (www.principals.org/breakthrough)
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It is suggested by the 2005-2006 Grand Jury that the incoming Grand Jury of 2006- 2007, form a Complaint Committee to handle all complaints coming to the Fresno County Grand Jury.