Court Work Release Program Reason for Investigation The Nevada County Civil Grand Jury has the responsibility to review*

The program was established by the Board of Supervisors (BOS) as a constructive alternative sentencing to that of fines or incarceration (Ordinance No.1144, March 1983). Respondent agrees with this finding.

The BOS established a fee in the amount of $16.00 per day to be paid by each participant of the program (Resolution No. 92107, February 1992). Respondent agrees with this finding.

During calendar year 2000, 240 program participants performed 8,676 hours of service. Respondent agrees with this finding.

The program is administered by the County Probation Department and available to qualifying individuals. Respondent agrees with this finding. Finding: The County Risk Manager is responsible for identifying potential 5. sources of liability and monitoring accident reports. Respondent agrees with this finding.

The County Risk Manager is responsible for identifying potential sources of liability and monitoring accident reports.

Ordinance No. 1144 required that agencies providing work for program participants provide workers compensation insurance and adequate liability insurance. The BOS deleted the agency requirement for workers compensation insurance (Ordinance No. 2045, March 2001). Coverage is now provided through the county's workers compensation insurance program. Any additional cost incurred from losses sustained by the participants will be allocated to the County Probation Department. The agencies are still required to provide adequate liability insurance. Respondent agrees with findings. Finding: The County's Senior Building and Grounds Specialist is responsible 7. for the daily maintenance of fifteen county buildings. He has no permanent county staff to perform the work and therefore relies almost exclusively on the program for workers. In 1999, 105 program participants were assigned to Buildings and Grounds. Respondent disagrees partially with findings. In 1992/93, based on severe funding issues the Board reduced the number of Building and Grounds Specialists from 2FTE to 1FTE. In 1995/96 through this year, the department has requested 1000 hours of temporary time to support the Senior Building and Grounds Specialist. The temporary person has been utilized during the seasons when most of the work occurs. This is predominantly in the Spring, Summer and Fall before the grounds go dormant. In addition the General Services Director has worked with the Wayne Brown Correctional Facility to use inmates to do the grounds maintenance in front of their building. The General Services Director who has a person assigned to the facility oversees the work of the trustees with the assistance of a member of the Sheriff staff. This has allowed the County to work more efficiently in the ongoing financial constraints the Board works under.

The county's Senior Building and Grounds Specialist is responsible for the daily maintenance of fifteen county buildings. He has no permanent county staff to perform the work and therefore relies almost exclusively on the program for workers. In 1999, 105 program participants were assigned to Buildings and Grounds. Respondent agrees with this Finding.

Worksite supervisors of program participants received little guidance as to what is an appropriate job assignment. Written guidelines are not provided to the supervisors who directly monitor and supervise the work. Not all county employees assigned as worksite supervisors were aware of the requirements for workmen's compensation and liability insurance. The respondent partially disagrees with the findings. Both the Probation Department and the Risk Manager have responded to the concerns raised in some depth. Adequate management is provided by the Probation Department through the MOU agreements which both internal and external agencies have to sign. Also, oversight supervision and consultation is provided by the departments liaison who works with the entities requesting workers.

Adequate safety equipment is provided to match the job assignment. Respondent disagrees with a portion of this finding based on reviewing the input provided by the Probation Department. We are in concurrence with the input provided by the Probation Department.

Nevada County has a low number of reported program participant accidents. The respondent agrees with the findings. Finding: Some assignments may be considered dangerous and inappropriate 11. - to program participants (e.g. working at great heights and icy conditions). The respondent disagrees with a portion of the findings based on reviewing the information provided by the Probation Department and the referenced attachments. RESPONSE TO RECOMMENDATIONS: C. Recommendation: The County Administrator should create and fill a 1. Grounds Keeper position to assist the Senior Building and Grounds Specialist. The respondent partially disagrees with the findings. As stated under finding #7, while the Board initially pared back staffing in the grounds operations, they have from FY 95/96 increased staffing by increasing temporary hours and hired a part time person to work up to 1000 hours (.5FTE) to support the Senior Building and Grounds Specialist. In addition, General Services have made arrangements with the Sheriff's Department to address their grounds issues in front of the Wayne Brown Correctional Facility. This has thereby reduced the need for two FTE positions. Last, staff has used the temporary person during peak seasons to maximize our limited resources. This office will continue to monitor this issue on an annual basis to determine if the existing staffing pattern is established at the appropriate level. We will work with the General Services Director in order to maintain the proper balance. Recommendation: The Risk Manager should establish written guidelines and 2. procedures for program worksite supervisors that identify their responsibilities in insuring participant safety. These guidelines should include, and need not be limited to: Identifying specific hazardous jobs not appropriate for participants consulting with participants to match jobs to physical and mental • limitations procedures to be followed when an accident occurs on the job involving a participant The respondent partially disagrees with findings. The Probation Department and the Risk Manager have responded in depth to the issues raised by the Grand Jury. These are sufficient safeguards in place to address the safety of the participants. This is addressed through the MOU's that are established with agencies both internal and external who use the participants. In addition, our Risk Manager is in the process of updating the County's Injury and Illness Prevention Program in order to ensure managers and supervisors are updated and trained in workplace safety. This will improve the overall safety for County employees and participants who participate in this program. and the second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second seco ÷ . . Page intentionally left blank Community of the Community of the Community of the Community of the Community of the Community of the Community of the Community of the Community of the Community of the Community of the Community of the Community of the C . RISK MANAGER'S RESPONSES TO 2000-2001 CIVIL GRAND JURY FINAL REPORT DATED JUNE 29, 2001 RE: COURT WORK RELEASE PROGRAM Responses to findings and recommendations are based on either personal knowledge, examination of official County records, review of the responses by the Chief Probation Officer, or testimony from County staff members. GRAND JURY INVESTIGATION: A. Court Work Release Program RESPONSE TO FINDINGS: В. Finding: The program was established by the Board of Supervisors (BOS) as a 1. constructive alternative sentencing to that of fines or incarceration (Ordinance No. 1144, March 1983). Respondent agrees with this Finding. Finding: The BOS established a fee in the amount of $16.00 per day to be paid by 2. each participant of the program (Resolution No. 92107, February 1992). Respondent agrees with this Finding. Finding: During calendar year 2000, 240 program participants performed 8,676 3. hours of service. Respondent agrees with this Finding. Finding: The program is administered by the County Probation Department and 4. available to qualifying individuals. Respondent agrees with this Finding. Finding: The County Risk Manager is responsible for identifying potential sources 5. of liability and monitoring accident reports. Respondent agrees with this Finding. Finding: Ordinance No. 1144 required that agencies providing work for program 6. participants provide workers compensation insurance and adequate liability insurance. The BOS deleted the agency requirement for workers compensation insurance (Ordinance No. 2045, March 2001). Coverage is now provided through the county's workers compensation insurance program. Any additional cost incurred from losses sustained by the participants will be allocated to the County Probation Department. The agencies are still required to provide adequate liability insurance. Respondent agrees with this Finding.

Some assignments may be considered dangerous and inappropriate to program participants (e.g. working at great heights and icy conditions). CONCLUSIONS