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Findings and Recommendations 9 findings
Additional Recommendations 1
These recommendations are not explicitly linked to specific findings.
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R78-79and 79-80, but the reports of these investigations are no longer easily available for scrutiny. The IID was the subject of a comprehensive investigation in 1992-93 and of a separate investigation in 1995-96. There have been no further investigations of the IID by a Civil Grand Jury in any of the years since 95-96. The initial point of investigation for this Civil Grand Jury (CGJ) was a series of public forums that reviewed the justifications for proposed water and power rate increases in various municipal areas of the Imperial and Coachella Valleys. CGJ members in attendance felt that there were some discrepancies between IID policies and statements about their intentions, and our collective concern over these matters prompted us to begin this inquiry. In the process, we realized that many points in the previous two investigations remained unresolved or unanswered; our current report begins where those reports left off. The 1995-96 Final Report: The focus of this past investigation was to understand and recommend action in the proposed transfers or sales of local water; in the matter of land purchases by Western Farms; and in the procedures followed at the time for the hiring of district employees, including management. The 95-96 Final Report repeatedly chastised the IID for manipulating the release of pertinent data during its planning stages so that certain players had more insight than the general public; the implication here was that such insider status was, in a best-case
Conclusions 16
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CL1All points covered in the 92-93 and 95-96 summaries above need to be discussed in a written response by the IID's current General Manager within thirty days of this final report being issued.
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CL2The IID Board of Directors must commit its time and talents to running the entity themselves, rather than allowing decisions to rest in and information to filter through the hands of a single General Manager, who is unelected and unaccountable to stakeholders. The overall budget presentation and format currently used by the IID needs to be reinvented and externally audited so that it is zeroed-out annually and clearly grounded in fiscally responsible computations.
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CL3In their July 20, 2007, posted Response (Attachment B), the IID clearly stated that it was intending to turn certain documents over to the State Attorney General for possible criminal charges to be considered in the gas hedging matter. We want to see proof that such documentation was indeed turned over. Failing that, we want to receive reasonable assurance that the documents are being turned over in the near future, along with proof when it happens that such action is indeed taken. Again, this was public money, not private money, that went missing; if the IID is with-holding action, then that inactivity needs to stop.
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CL4The IID will be investigated annually by each sitting Civil Grand Jury. A change shall be made in the CGJ Matrix to reflect this change of frequency.
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CL5The CGJ invites the public to come forward with further points of investigation, as we are determined to root out and resolve as much inefficiency and corruption as possible, thereby strengthening the overall mission of and all services provided by IID Operations. RESPONSE: The Civil Grand Jury expects a full response to item number one within thirty days of the issuance of this report. We expect separate responses to items number two, three, and four within a reasonable amount of time, allowing that certain decisions need to be made at the IID to accommodate these changes. We feel that action can be taken on these items within ninety days of our report being issued, but we leave the timeline open for now. As per the amended matrix, the 2009-10 Civil Grand Jury will expect to include these responses in its 2009-10 Final Report. The CGJ will invite and solicit public input throughout the year concerning IID Operations, using both official forms and informal contacts with concerned citizens. We are committed to serving the public in our stated role as "watchdog" over the spending and management of public monies. irrigation water rate charged by CVWD ($23.30), but less than its effective water rate of $39.40, which takes into account additional charges levied on water customers. Table 24 Current Untreated Irrigation Water Rates Additional Effective Rate 9 District / Agency Water Charge Charge Note Charges Antelope Valley -East $218.00 / AF $218.00 / AF Kern Water Agency1 Coachella Valley Water $23.30 / AF $88.54 / Ac Water Availability $39.40 / AF District2 Charge Irvine Ranch Water $440.00 / AF $440.00 / AF District3 Metropolitan Water $261.00 / AF $261.00 / AF District of Southern California4 Palo Verde Irrigation $52.00 / Acre $9.00 / Ac $53.63 / AF Standard Service District5 Fees San Diego Water $261.00 / AF $261.00 / AF Authority6 Western Municipal Water District7 Riverside (North) $291.85 / AF $30.49 / AF $322.34 / AF Pumping Charge Riverside (South) $253.00 / AF $253.00 / AF Yuma Municipal Water $658.87 / AF $658.87 / AF District8 Sources: 1/ Antelope Valley-East Kern Water Agency, "Wholesale Water Rates and Charges", http://www.avek.org/2007rates.html (Accessed July 3, 2008) 2/ Coachella Valley Water District, "Irrigation Water Service Rates" http://www.cvwd.org/service/rates.php (Accessed July 3, 2008) 3/ Irvine Ranch Water District "Agricultural -Non-Potable Water System" http://www.irwd.com/AboutIRWD/rates_agricultural.php (Accessed July 3, 2008) Metropolitan Water District of Southern California "Water Rates and Charges" 4/ http://www.mwdh2o.com/mwdh2o/pages/finance/finance 03.html (Accessed July 3, 2008) Palo Verde Irrigation District, History "Water Supply for Palo Verde Irrigation District" 5/ http://www.pvid.org/History/tabid/54/Default.aspx (Accessed July 3, 2008) San Diego Water Authority "MWD Rates and Charges" http://www.sdcwa.org/news/finances.phtml#current (Accessed 6/ July 3, 2008) 7/ Western Municipal Water District "Rate Adjustments by Area" http://www.wmwd.com/handbook/waterrates.htm (Accessed July 3, 2008) 8/ Yuma Municipal Water District "Agricultural, Wholesale Rate" http://www.yuimamwd.com/rates.php (Accessed July 3, 2008) 9/ Effective rates are based on water rates and additional fees and/or charges related to water service. For charges based on acreage served, the effective rate was calculated based on water use of 5.5 AF per acre. ENTRIX, Inc. • 96 An Important Message 20, 2007 Imperial Irrigation District Protecting the flow of progress. IID Responds to Recent News Coverage In recent days, media stories have reported the results of the investigation conducted by the Baker Street Group, an investigative firm hired by Imperial Irrigation District (IID), to look into the gas hedging strategy that was adopted in 2004. While IID has always prided itself on providing reliable energy at the lowest cost possible, we concede there were a number of weaknesses in implementing the hedging strategy that resulted in substantial losses. Our board of directors has vowed to take swift corrective action to ensure that impacts to our customers are minimized and employ whatever means necessary to ensure this does not happen again. Here are the facts: Based on a review of numerous documents and interviews with key individuals, including employees, the Baker Street Group concluded that procedures for implementing the hedging strategy were not followed nor was there adequate management oversight. The investigation found no evidence of any employee acting for personal gain or to intentionally cause harm to IID. To ensure no criminal actions occurred, the Board will request the State Attorney General's Office review the matter. Charles Hosken, General Manager, who began working with IID in November 2005, was terminated without cause on July 18, 2007. Disciplinary action for remaining employees involved in the hedging issue will be taken as appropriate; however, most manager who were involved in the hedging strategy development and implementation are no longer employed by IID. In March 2006, the IID Board of Directors approved a level approach to the Energy Cost Adjustment Factor, the amount on each customer's bill that normally fluctuates with the cost to purchase or produced energy. That amount was adjusted to 5.03¢ per kilowatt hour. Recent media reports have estimated the additional cost to customers at an average of $75 per month. We are researching this number to provide an accurate estimate of what the true impact is to each customer. The Board of Directors as vowed some form of restitution and is expected to revisit the ECA rate in coming weeks. We released the full Baker Street Group report to the public without disclosing the names of employees still in our employ. We will continue to be forthcoming with any and all information that develops. To review a copy of the Baker Street Group report, please go to www.iid.com and click on "Board of Directors." For more information on the gas hedging strategy issue, please contact Kevin Kelley at (760) 339-9710 or kkelley@iid.com. Superior Court of California County of Imperial 939 West Main Street • El Centro, CA 92243 Telephone 760-482-4374 ♦ Fax 760-337-7742 DONAL B. DONNELLY JOSÉ OCTAVIO GUILLÉN Presiding Judge Court Executive Officer/Jury Commissioner MEMORANDUM TO: Ralph Cordova, Jr., County Executive Officer Michael L. Rood, County Counsel Donal B. Donnelly, Presiding Judge FROM: Jose O. Guillen, Court Executive Officers DATE: May 26, 2009 SUBJECT: Request to Increase the Civil Grand Jury FY 2009-2010 Budget to $50,000 This is to formally request your assistance in obtaining approval from the Board of Supervisors to increase the Civil Grand Jury's budget to $50,000. The Court supports this request and encourages the County to increase the budget, so that the Grand Jury may carry out its investigative and administrative functions more efficiently. While the Court recognizes that the County's fiscal condition is tight, the civil Grand Jury's budget has not been increased for more than 8 years to keep up with higher demands for meetings, investigations, training, and overall report publications. We're confident you agree that the grand jurors selflessly devote many hundreds of hours to their important tasks. It seems reasonable and prudent that adequate resources be provided to assist them in their service. The attached list of recommendations from the 2008-2009 Grand Jury is attached for your reference. DBD:JOG:mg
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CL6The Civil Grand Jury finds no evidence of misuse of public funds in either the purchase of the stage or in the non-employment of a Physical Education teacher. The QZAB grant specifically allows purchase of equipment such as the stage. Waiting to hire a P.E. teacher until sufficient funds have been received is an allowable prerogative of the District.
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CL7The Imperial County Workforce Development Office administrator, managers, and staff are to be commended for their efforts in meeting the needs of the county job seekers and employers. With few exceptions, the ICWDO operates efficiently and professionally. Staff members seem to enjoy their jobs, and the ICWDO seems to have no problems recruiting and maintaining a strong pool of trainers and case managers for meeting the needs of their clientele. In the current economy, especially, this agency is providing a valuable service. A small staff handles many layers of networking and coordination. They appear to be interested in actively seeking contacts to expand their effectiveness, and they are open to innovations in the ways they operate. RESPONSE The Civil Grand Jury respectfully requests a written response from the ICWDO about any decisions made or actions taken in regard to our two recommendations. SUBJECT OF INVESTIGATION Centinela State Prison
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CL8REASON FOR INVESTIGATION The Civil Grand Jury is mandated by California State Law to inspect Centinela State Prison on a yearly basis.
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CL9Centinela State Prison houses a diverse mixture of inmates, ranging from Level I to Level IV. Through its various and diverse programming, the prison successfully delivers educational services, vocational training, health care, mental health care, and religious programming to its inmate populations. The prison staff fulfills the needs of the inmates while also maintaining safety and security for all concerned. The current warden is highly-involved in all prison programs and knows the capabilities of his staff. He communicates well with his staff, and there is abundant evidence that he is regularly in touch with the staff and inmates at all levels of programming. Medical Health Services and Mental Health Services are well-networked within the prison. There is on-going communication between service providers and Correctional Staff to make sure inmate needs are met safely and effectively. Good rapport and interaction between staff members is evident throughout the prison's programming and services. The prison's academic and vocational programs are strong and reach out to inmates, giving them the ability to attain skills and knowledge that will help them later, as they are released back into the general populations and begin to seek jobs.
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CL10Calipatria State Prison is responsible for handling some of the most violent felons in the prison system. There have been numerous assaults on staff and other inmates, but the staff operates effectively and is able to maintain services on a daily basis. The institution generally provides medical and mental health services for violent inmates directly, including various levels of treatment or medication, and the institution transfers for better service certain inmates that require time in a mental health prison facility. The vocational and educational programs are staffed by dedicated teachers and instructors. These programs teach skills to inmates that can be utilized after they have returned to their communities as a means toward gainful employment. ( Health Service providers are also dedicated to serving the needs of the inmate population. The staff of these clinics and programs provide medical, dental and after- care services in a timely and professional manner. The prison's Mental Health Services are providing a high volume of referrals, including the addition of a large volume of new referrals regularly. All treatment and aftercare procedures are documented and are provided in a timely manner. The Warden's administrative staff maintains good communications between the various levels of personnel that service and care for the institution's inmates. Throughout the day, the staff focus is on individuals' safety, effective delivery of services, and institutional security.
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CL11The Imperial County Juvenile Hall is well-organized, clean, sanitary and safe. It is staffed by professionals who are well-trained and who perform their duties properly and in accordance with State and federal guidelines. Every staff member we met during our visit was pleasant, courteous, and seemed to enjoy her/his choice of career and place of employment. The guards and staff hold a strong sense of authority over the youth in their care, but they do so without intimidation or any signs of abusiveness.
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CL12The City Manager and the Director of Human Resources work closely together. Among all department heads, there is close communication in regard to the facilitation of personnel and human resource issues within the city. The City of El Centro has been successfully competitive in recruiting staff, and the city rarely has problems retaining qualified employees. The City is interested in remaining competitive and in meeting the needs of ever-changing laws and regulations. Grievance procedures are in place and these procedures promote timely review and handling of employee disputes. Informational bulletins for current and prospective employees on City policies and procedures, including those that affect retirement and safety issues, are readily available to all employees.
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CL13The City of Imperial is operating in a fiscally-responsible manner. The City Manager has taken a conservative approach to budget planning and approval of expenditures. Personnel budgets include a certain amount of redirection of in-house staff, rather than any layoffs, and vacancies are only filled when the city staff is sure that it can support the new or newly-filled positions. There is a sense of frustration among city staff that increased population and growth within the city limits is being strained by a decreasing tax base, mainly the tax revenue streams from property and sales taxes and from building fees. The city management is interested in promoting efficiency wherever possible and practical. To that end, city water users have been encouraged to switch from paper billing to electronic billing, including both e-pay and auto-pay services. The City of Imperial is making progress and achieving Recommendations: many of its long-term planning goals despite several economic factors beyond its immediate control. To enhance this progress, however, the County must step up its role in the relationship. At a minimum, the County Assessor's Department must review the tax revenues due to the City of Imperial and double-check its calculations for accuracy. It seems strange that the state's 4th fastest growing city should be operating under decreasing revenues. If this is due to time lags, then the County must do what it can to minimize the delay between property assessments and issuances of tax revenues - not just for the City of Imperial but for all municipalities within the County limits. The City Parks and Recreation Department should move forward as soon as possible toward establishing a full-range of arts and drama classes (instruction) and a full calendar of events (festivals) in a city-sponsored setting. The positive impact that such a multi-layered program would have on the local Quality of Life would benefit all residents of Imperial County, both seasonal and permanent. Official Response: The Civil Grand Jury would appreciate learning from the Assessor's Department whether the tax revenue calculations for the City of Imperial have been accurate and what, if anything, is in place to speed up the process for disbursement of tax revenues. No response is required from the City of Imperial. Imperial County Civil Grand Jury: 2008-2009 Final Report Subject of Investigation: Imperial County Assessor's Office Justification: The Civil Grand Jury is authorized by the State of California periodically to investigate the Imperial County Assessor's Office. Background: The Assessor's Office is responsible for assessing the value, for taxation purposes, of all properties, facilities, and equipment within the County of Imperial. This is done on a yearly basis, except when economic values are in rapid flux, such as during economic upswings or downturns, in which case the frequency increases. For quality control, State assessors and auditors periodically sample and assess property values, which are then compared to local assessments. State regulations require that locally-assessed values must fall within 1% of State-assessed values. Because of the accuracy required at their jobs, assessors are mandated to receive on-going training throughout the year, and they must pass State examinations in order to qualify for their positions. Required on-going training can take up to four months a year, depending on circumstances. Findings: 0 The Imperial County Assessor's Office comprises three departments: an Urban Section, a Rural section, and an Audit section. In the Urban section, there are one (1) Supervisor and five (5) Appraisers. In the Rural section, there are one (1) Supervisor, and six (6) Appraisers. In the Audit section, there are one (1) Supervisor, two (2) Appraisers, one (1) Junior Appraiser, one (1) Office Manager, one (1) Senior Appraiser, one (1) Assistant Appraiser, four (4) full-time counter personnel and one (1) part-time counter personnel. The Assessor's Office has implemented a new mapping system, which should ease the workload of the assessors. There are currently employed one (1) Mapping Supervisor, four (4) assistants, one (1) Information Systems Supervisor, and three (3) more assistants. This brings the total number of department employees to 34. The department's staff seem to be very happy in their jobs, though space is cramped and supplies are in such short supply at times that they must purchase their own supplies out-of-pocket. Everyone who was interviewed by the investigative committee was well-versed in their job descriptions and responsibilities, and there was abundant evidence that department personnel work well together under difficult conditions. Current economic conditions mandate a huge number of reassessments, which has created an additional burden as personnel strain to meet deadlines. It is estimated that the county currently stands to lose up to $800,000 or more in tax revenues due to the backlog.
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CL14The Civil Grand Jury recommends that the County secure additional space for the Assessor's office.
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CL15The County should investigate off-site storage of records.
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CL16The County should hire two additional assessors. The Assessor's Office should add a section for Commercial Assessments. Response: The Civil Grand Jury respectfully requests to be notified in writing of any actions taken in response to this investigation. In addition, we draw attention to a recommendation in our investigation of the City of Imperial that also affects the County Assessor's Office. We respectfully request that that recommendation be addressed by the Imperial County Assessor's Office at the same time. IMPERIAL COUNTY CIVIL GRAND JURY 2008-2009 FINAL REPORT SUBJECT OF INVESTIGATION Imperial County Public Administrator REASON FOR INVESTIGATION The Civil Grand Jury is authorized periodically to investigate the Public Administrator.
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.