2011 Grand Jury Report - Part I

Recommendations 31

• R1
  Jury recommendation in error. Vehicles are in good working order. Replacements not required.
• R2
  Visibility to the community-Union Democrat radio and magazine "Friends and Neighbors"
• R3
  Budget constraints Grand Jury-2010-2011 Comments: No Comments 19-20 Report:Jamestown Land Fill Responding Dept:Department of Public Works Respondent:Mr. Peter Rei Response Due:28/Sep/10 Response Date Received:24-Jun-10 Grand Jury DispositionACCEPTED Recommendation follow-up:
• R4
  Dress is appropriate for the job. Logo shirts with SHS are worn.
• R5
  Grand Jury-2010-2011 Comments: No Comments 61-63 Report:TC Drug & Alcohol Responding Dept: Respondent: Response Due:28-Sep-10 Response Date Received:Not Required Grand Jury Disposition Recommendation follow-up: None Grand Jury-2010-2011 Comments: No Comments 65-66 Report:TC Early Release Responding Dept:Tuolumne County Sheriff Respondent:Sheriff James Mele Response Due:28-Aug-10 Response Date Received:10-Jul-10 Grand Jury DispositionACCEPTED Recommendation follow-up: None Grand Jury-2010-2011 Comments: No Comments 15 Exhibit 3 16 Exhibit 3.2 17 Exhibit 3.3 18 Exhibit 3.4 19 Exhibit 3.5 20 Exhibit 4 CALIFORNIA CODES PENAL CODE SECTION 914-924.6 914. (a) When the grand jury is impaneled and sworn, it shall be charged by the court. In doing so, the court shall give the grand jurors such information as it deems proper, or as is required by law, as to their duties, and as to any charges for public offenses returned to the court or likely to come before the grand jury. (b) To assist a grand jury in the performance of its statutory duties regarding civil matters, the court, in consultation with the district attorney, the county counsel, and at least one former grand juror, shall ensure that a grand jury that considers or takes action on civil matters receives training that addresses, at a minimum, report writing, interviews, and the scope of the grand jury's responsibility and statutory authority. (c) Any costs incurred by the court as a result of this section shall be absorbed by the court or the county from existing resources. 914.1. When a grand jury is impaneled, for purposes which include the investigation of, or inquiry into, county matters of civil concern, the judge of the superior court of the county, in addition to other matters requiring action, shall call its attention to the provisions of Chapter 1 (commencing with Section 23000) of Division 1 of Title 3, and Sections 24054 and 26525 of the Government Code, and instruct it to ascertain by a careful and diligent investigation whether such provisions have been complied with, and to note the result of such investigation in its report. At such time the judge shall also inform and charge the grand jury especially as to its powers, duties, and responsibilities under Article 1 (commencing with Section 888) of Chapter 2, and Article 2 (commencing with Section 925), Article 3 (commencing with Section 934) of this chapter, Article 3 (commencing with Section 3060) of Chapter 7 of Division 4 of Title 1 of the Government Code, and Section 17006 of the Welfare and Institutions Code. Exhibit 5 California Assembly Bill (AB 622) Civil Grand Juries. Existing law requires each grand jury to submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to county government matters during the fiscal or calendar year, as specified. This bill would require a civil grand jury to meet with the chief executive or department head of an agency subject to its investigation at least 45 days prior to the issuance of its final report to discuss the nature of the investigation and to receive the comments of the chief executive or department head. By requiring additional duties of local government officials, this bill would impose a state-mandated local program. Existing law provides that a grand jury acting through its foreman and the attorney general or the district attorney may make a joint written request for public sessions of the grand jury, as specified. Existing law provides that if the court, or the judge, finds that the subject matter of the investigation affects the general public welfare, involving the alleged corruption, misfeasance, or malfeasance in office or dereliction of duty of public officials or employees or of any person allegedly acting in conjunction or conspiracy with such officials or employees, the court or judge may make an order directing the grand jury to conduct its investigation in a session or sessions open to the public. This bill would instead require every civil grand jury session in which testimony under oath is given to be open to the public. The bill would allow the grand jury, acting through its foreman, and the Attorney General or district attorney to make a joint request for closed sessions, as specified. Under existing law, no person is permitted to be present during the criminal sessions of the grand jury except the members and witnesses actually under examination, and certain other specified persons, including, among others, the district attorney, an interpreter, and the officer having custody of a prisoner witness while the prisoner is testifying. This bill would authorize any witness who is called to give testimony under oath before a civil grand jury to have counsel present on his or her behalf while he or she is testifying. The bill also would create in any witness who is the subject of a grand jury investigation the right to disclose, in writing, exculpatory evidence to the prosecutor. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Tuolumne County Parks and Recreation Department Reason For Investigation The 2010/2011 Grand Jury decided to look at the Tuolumne County Parks and Recreation Department (TCPRD) as it had not been investigated for some time. The Grand Jury (the Jury) chose to focus attention on youth related facilities and activities: Standard Park, Sonora Tiny Tots, Tuolumne County Youth Centers, Aquatics and the Fire Fighter Training Program.
• R6
  All fire extinguishers are inspected and serviced annually in compliance with regulations. Grand Jury-2010-2011 Comments: No Comments 14 Exhibit 2.4 INDIVIDUAL DEPARTMENT AND AGENCY RESPONSE GRAND JURY REPORT 2009/2010 Page Ref: 55-56 Report:Transportation & Detention Responding Dept:Tuolumne County Sheriff Respondent:Sheriff James Mele Response Due:28-Aug-10 Response Date Received:10-Jul-10 Grand Jury DispositionACCEPTED Recommendation follow-up:
• R7
  Members of the community who meet the criteria mandated by NA and AA for instructors are encouraged to volunteer for the jail program, since having more instructors to draw from assures the continuity of the existing program.
• R8
  No comments required
• R9
  School maintained Ag classes for year 2010-2011
• R10
  No comments required Grand Jury-2010-2011 Comments: No Comments 37-39 Report:Tuolumne Airports Responding Dept:Toulomne County Airport Respondent:Mr. Jim Thomas Response Due:28-Sep-10 Response Date Received:28-Jul-10 Grand Jury DispositionACCEPTED Recommendation Follow-up:
• R11
  Utilize Proposition 40 funds and the RZH grant to make needed repairs and upgrades.
• R12
  Increase public awareness as to rental possibilities. Look into extending the season. Remarks The Jury found that the Aquatics program continues to not only be a favorite with the community, but is also a large source of employment for the youth of our communities. May it also be noted that, even with the continued fiscal challenges at hand, the pools of Tuolumne County have managed to stay open.
• R15
  Continue to provide appropriate information to the public regarding classes.
• R16
  The class is well attended. Offer another one-week session as the need and funding arises. Remarks The Jury wishes to acknowledge Eric Aitken as he was most helpful in providing timely answers to our questions.
• R15-18
  Report:Animal Control
• R19-20
  Report:Jamestown Land Fill
• R21-23
  Report:Community Development
• R25-27
  Report:Child Welfare Services
• R29-29
  Report:Senior Center
• R31-32
  Report:Public Health Department
• R33-35
  Report:Sonora Union High School
• R37-39
  Report:Tuolumne Airports
• R41-42
  Report:UC Coop -Farm Advisor Response Due:28-Sep-10 Response Date Received:3-Aug-10 Grand Jury DispositionACCEPTED Recommendation Follow-up: R3 Weekly newspaper articles and informational booths and on line Q&A Grand Jury-2010-2011 Comments: No Comments
• R43-43
  Report:Veteran Services
• R45-46
  Report:Public Defender's Office
• R47-49
  Report:Sierra Conservation Center
• R51-53
  Report:Tuolumne County Jail
• R55-56
  Report:Transportation & Detention
• R57-59
  Report:Probation Department
• R61-63
  Report:TC Drug & Alcohol
• R65-66
  Report:TC Early Release