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Findings and Recommendations 17 findings
F01
District management states the Port is a Tier-3 port operating in a region subject to a Tier 1 security risk. [Agree]
No recommendations for this finding
F02
The District employs a State of California certified contract security service whose primary responsibility is main gate access to the Port. [Agree] The District employs eight Wharfingers who generally work 10-hour shifts.
No recommendations for this finding
F03
At least one Wharfinger is required to be on duty each shift; these shifts are round- the-clock 7 days a week. [Agree]
No recommendations for this finding
F04
District management states Wharfinger perform thirty-one essential functions; eleven of these relate directly to the security and safety of the Port. [Concur in Part] The District provided a copy of the most current Job Description for the position of Wharfinger to the Grand Jury. The Job Description has 31 essential BOARD OF HARBOR functions. The Grand Jury made the finding that eleven of these relate directly to the COMMISSIONERS security and safety of the Port. The term "security" has different meanings and Jess Herrera President applications. Security such as checking doors to see if they are locked is different from Nao Takasugi security under the applicable DHS / USCG regulations. The Grand Jury report does not Vice President differentiate among the differences. The Executive Director advised the Grand Jury that Jesse J. Ramirez the job function provided was not consistent with the District's Port Security Plan. The Secretary District is in the process of up-dating the Wharfinger's Job Description in association Raymond E. Fosse Harbor Commissioner with our Labor / Management process. RECEIVED Michael A. Plisky Harbor Commissioner JUL - 7 2008 PORT MANAGEMENT Executive Director
No recommendations for this finding
F05
Wharfingers are designated port security officers who patrol District properties on foot, in a vehicle, and when required, in a patrol boat. [Disagree] In accordance with 33 CFR, the Oxnard Harbor District has one designated Facility Security Officer (Executive Director) and two Alternate Facility Security Officers (Deputy Executive Directors). The Wharfingers are employees of the District with security duties and responsibilities. One of the security responsibilities requires the Wharfingers to make rounds. The District provides the Wharfingers with a vehicle to make these rounds. The District does not have a patrol boat. The District has two vessels. One is used for the maintenance personnel to inspect Wharves of the Oxnard Harbor District, and the other was purchased as part of the State of California's Security Grant Program as part of the District's Incident Command System and Capabilities. Wharfingers wear distinctive uniforms and shoulder patches and a metal
No recommendations for this finding
F06
badge stamped Wharfinger/Oxnard Harbor District. [Concur in Part] The District provides uniforms to District employees in accordance with a MOU with the SEIU. While metal badges have been provided to the Wharfingers, the District is currently reviewing the California statutes regarding the use of badges associated with non-law enforcement functions. The use of the metal badge may be misconstrued as a person with law enforcement authority. At the present time, the badges issued to District employees will have to be redesign to ensure they are not misleading to the public. F- 07 Wharfingers are unarmed. [Agree]
No recommendations for this finding
F07
Page 2
Wharfingers are unarmed. [Agree]
No recommendations for this finding
F08
The Proprietary Security Services Act in Chapter 11.4 of Division 3 of the California Business and Professional Code (§§7574 – 7574.4) requires private security officers to register with the California Department of Consumer Affairs. [Agree] District Wharfingers are not required to comply with the Proprietary
No recommendations for this finding
F09
Security Services Act as a pre-condition of employment, or are they required to have a California Security Certificate, commonly known as a Guard Card. [Agree] The District has a contract for security access control. The security personnel engaged by contract comply with the Proprietary Security Services. The California Business and Professional Code sections are not applicable to the District's Wharfingers.
No recommendations for this finding
F10
Once employed, Wharfingers are not required to receive training by the District to obtain their Guard Card. [Agree]. Wharfingers are not required to have Guard Cards as part of their employment. The California Business and Professional Code sections are not applicable to the Wharfingers. Executive Director The District has an administrative manual for all employees; it does not have
Related Recommendations (1)
R02
Future employment requirements of Wharfingers should include the possessions of a California Security Certificate (Guard Card). [Disagree] The California Security Certificate (Guard Card) is not applicable to the Wharfingers. All gate security guards have Guard Cards.
F11
a specific Operations Manual for Wharfingers. [Agree] The District does not have an Operations Manual for the Wharfingers. We have relied on-the-job training with operating procedures passed down by the Wharfingers. The District intends to prepare an Operations Manual.
Related Recommendations (1)
R03
The District should develop a Field Operations Manual for Wharfingers. [Agree] The District is in the process of implementing this recommendation.
F12
The District has a twenty-four hour security camera and recording system. [Agree]
No recommendations for this finding
F13
According to District management there are periods when the camera is not observed by a District employee. [Agree] As discussed by the Executive Director with the Grand Jury, an employee sitting in front of a CCTV monitoring system on a twenty- four hour basis is not a good security practice. The District's CCTV monitoring system will be linked to an alarm platform that will provide information to the District when an incident occurs. The District is currently in the process of upgrading the CCTV to include this monitoring capability. Wharfingers carry a portable two-way radio that is used for internal
Related Recommendations (1)
R06
The District should provide 24-hour uninterrupted observations of the port security camera system. [Disagree] This is not a proper method of monitoring CCTV systems. The District is in the process of linking the CCTV to a platform that will provide 24-hour uninterrupted notifications to appropriate port security and operations personnel.
F14
communication and ship traffic. The radios are not programmed to directly communicate with local public safety responders. When a public safety response, i.e., police, fire is required at District facilities the Wharfinger calls 911 using the nearest telephone or cell phone. [Agree]
Related Recommendations (2)
R04
Wharfingers' radio should provide two-way communications to primary public safety agencies. [Agree] Communications with law enforcement is the responsibility of public safety agencies to regulate and control. The District does not have access to these radio bands.
R05
The District should develop backup system of communication with responding public safety agencies. Additional methods of communication may include devices such as a dedicated telephone circuit, commonly known as a "ring down phone". [Concur in Part] The District has engaged the Center for Asymmetric Warfare to investigate the development of a Joint Port Operations / Security Center to ensure improved communications between federal, state, and local agencies.
F15
Over the past four years, the District has received approximately $ 1.3 million in DHS grants to strengthen port security. [Agree] The District has recently received another $ 2.9 million.
Related Recommendations (1)
R07
The District should continue to pursue strengthening and upgrading Port security without regard to funding sources. [Concur in Part] The District does continue to pursue upgrades to port security; however, it is essential that the District utilize a "cost-benefit" analysis to ensure appropriate use of funds and funding sources. Executive Director 1.7 Please contact me directly, if you have any further questions regarding the District's response to your findings, conclusions and recommendations. Respectfully submitted, Anthony J. Taormina Executive Director Oxnard Harbor District Each Commissioner cc: Honorable Colleen Toy White, Presiding Judge Superior Court of California, Ventura County Hall of Justice, # 2120 800 S. Victoria Avenue Ventura, CA 93009 . 15 1
F16
Ports in the United State are eligible to apply for DHS port security grants which total $ 400 million. The State of California has $ 40 million available for port security grants state-wide. The District intends to apply for these grants. [Agree] The District has applied for Proposition 1 B funding and has applied for the DHS Round 7 B and 8. In December 2007, the White House Office of Management and Budget
Related Recommendations (1)
R07
The District should continue to pursue strengthening and upgrading Port security without regard to funding sources. [Concur in Part] The District does continue to pursue upgrades to port security; however, it is essential that the District utilize a "cost-benefit" analysis to ensure appropriate use of funds and funding sources. Executive Director 1.7 Please contact me directly, if you have any further questions regarding the District's response to your findings, conclusions and recommendations. Respectfully submitted, Anthony J. Taormina Executive Director Oxnard Harbor District Each Commissioner cc: Honorable Colleen Toy White, Presiding Judge Superior Court of California, Ventura County Hall of Justice, # 2120 800 S. Victoria Avenue Ventura, CA 93009 . 15 1
F17
proposed a nationwide $ 1.4 billion reduction for the fiscal 2009 DHS grants, some of which specifically target port security. [Unknown] Executive Director Conclusions C-01 A Wharfinger position, as utilized by the District, is a multifaceted position because of the variety of assigned duties to be performed. [Agree with the Comments
No recommendations for this finding
Conclusions 2
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CL1 Page 4C-01 A Wharfinger position, as utilized by the District, is a multifaceted position because of the variety of assigned duties to be performed. [Agree with the Comments F-03 to F-08] C-02 Even though Wharfingers perform many sensitive security functions, they are not subject to security officer certification as outlined in the Proprietary Services Act. [Agree with the Comments F-04, F-05 F-08 through F-10]. Wharfingers are employees with security functions. They do not have access to the sensitive security functions set forth in the Oxnard Harbor District Security Plan prepared pursuant to the USCG regulations. C-03 Wharfingers perform security functions, although they are not subject to a comprehensive background evaluation, such as fingerprint checks, as required of private security officers under the Proprietary Services Act. [Agree with Comments F-04, F-08]. The Wharfingers are required to have mandatory background checks in accordance with the Transportation Worker Identification Card program. The Proprietary Security Services Act is not applicable to Wharfingers. C-04 Wharfingers would be better prepared to perform safety and security functions if they receive similar certified training as outlined in the Proprietary Security Services Act . [Disagree] The Proprietary Security Services Act is not applicable to Wharfingers. Training is provided in accordance with CFR 33, the District Port Security Plan and the Federal and State Incident Command System. C-05 The lack of certified training, as outlined in the Proprietary Security Services Act, could raise liability issues for the District. [Disagree] The Proprietary Security Services Act is not applicable to the Wharfingers. C-06 Wharfingers ability to contact emergency public safety responders is limited by primary reliance on the 911 system. Reliability would be strengthened by the development of additional means of communications. [Agree] C-07 Port security is not optimal when only one Wharfinger is on duty. [Disagree] The District has a robust port security plan that takes into account one Wharfinger on duty and one security guard at the main gate. C-08 Port security is compromised by the failure to provide 24/7 observation of the Port security camera system. [Disagree] As noted above, having a dedicated person to observe Port security cameras on a 24/7 basis is not "best practices" for security procedures. Executive Director Page 4 7/1/2008
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CL2 Page 5C-09 The proposed reduction of DHS funding will adversely affect future security enhancements at the Port. [Disagree] The District has received a fair share allocation of State and Federal security funding.
Agency Responses 1
Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.
* 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.