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Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

Nevada County Grand Jury • 2013-2014

Nevada County Holding Facility –

42 pages
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Note: Missing finding numbers detected: F11, F15, F16, F17, F18

Findings 14 findings

F1 Page 100
- Although the Stall' is attempting to remedy some of the identificd sal'Cty and security issues. there arc still ddiciencies in the security camcra syslCm that needs immediate attention b) the AOC. Agree. Fi.3 NCSO could be active in assisting the Statl in their request for camera upgrades because the cameras are a first-line observation of potential harm, Disagree. The COllit \\mild certainly \\elcome any help the NCSO might offer tu enhance the Court's camera system. Ilowc\er. this system is the COlllt's responsibility and rely on the Judicial \\l' COllncil fl.,!' 1i.lI1ding to expand! enhance the system.
F2 Page 105
Although the Staff is attempting to remedy some of the identified safety and security issues, there are still deficiencies in the security camera system that needs Immediate attention by the AOe. Disagree. The Nevada County Board of Supervisors provides leadership in working with the Sheriff and Court to help direct funding to the highest priorities. Safety and security concerns have not risen to a level high enough to make this a priority project.
F3 Page 105
NCSO could be active in assisting the Staff in their request for camera upgrades because the cameras are a first-line observation of potential harm. Agree. The Nevada County Sheriff Office has agreed to participate in discussions with Court Staff regarding Courthouse Security.
F4 Page 105
This issue has been on the forefront for several years without resolution. The safety of the public, the Courthouse employees and NCSO staff remains at risk. Disagree. The Nevada County Board of Supervisors concurs with the Nevada County Sheriff Office that there is not an imminent threat of serious injury to the public, the Courthouse employees and NCSO staff. The NCSO has an excellent record in transporting prisoners from transportation unit to the Courthouse. B. RESPONSES TO RECOMMENDATIONS:
F5
The extent to which pupils who have elected to receive intensive instruction and services are being served
F6 Page 114
The increased expense of processing provisional ballots may be reduced if poll workers encourage voters to go to their correct polling location. Agree 2 of6
F7 Page 114
The rules regarding observers allowed before, during, and after elections have been followed by the Elections Office. Agree
F8 Page 118
The Elections Office and Court have no formal agreement regarding their roles and responsibilities to comply with Election Code §2211 and §2212. Agree
F9 Page 114
There is a lack of effective communication between the Elections Office and the Court regarding compliance with Elections Code §2211 and §2212. Disagree: The Elections Office and the Superior Court of Nevada County through G. Sean Metroka, the Court Executive Officer, have engaged in effective communication regarding compliance with California Elections Code §2211 and §2212. Correspondence, beginning September 2009 through 2010, documents the latest email thread between then Assistant Clerk-Recorder, Gail Smith, and G. Sean Metroka, engaging in dialogue regarding Elections Codes §2211 and §2212.
F10 Page 114
Since 2009, the lack of communication between the Elections Office and the Court has led to a failure to comply with the requirements of Elections Code §2211 and §2212, which affects the integrity of the voter rolls. Disagree: The report required by EC §2212 compels the Clerk of the Superior Court, based upon the records ofthe court, to produce and furnish the Registrar ofVoters with a statement showing the names, addresses, and dates of birth ofall persons who have been convicted ofa felony since the clerk's last report. The court has conSistently complied with this code section. Pursuant to EC §2212, the Registrar ofVoters shall cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction ofa felony. The Elections Office has consistently complied with this code section. As per the dialogue with G. Sean Metroka, the Court Executive Officer, the information necessary for the Elections Office to comply with EC §2212 is not ascertainable on the basis ofthe courts records. Moreover, further clarification of Elections Code §2212 comes in the form of 2002 Law Revision Commission Comments regarding the county clerk's alleviation ofthose powers, duties, and responsibilities: 30f 6 Law Revision Commission Comments 2002 Amendment "Section 2212 is amended to reflect elimination ofthe county clerk's role as ex officio clerk of the superior court. See former Gov't Code § 26800 (county clerk acting as clerk ofsuperior court). The powers, duties, and responsibilitiesformerly exercised by the county clerk as ex officio clerk ofthe court are delegated to the court administrative or executive officer, and the county clerk is relieved ofthose powers, duties, and responsibilities. See Gov't Code §§ 69840 (powers, duties, and responsibilities ofclerk ofthe court and deputy clerk ofthe court), 71620 (trial court personnel). The section is also amended to eliminate certification ofwhich felons remain imprisonedj that determination may not be ascertainable on the basis ofcourt records. [32 Cal.L.Rev.Comm. Reports148 (2002))." The report furnished to the Elections Official, pursuant to EC §2212, will not have sufficient information for the Elections Official to cancel affidavits of registration of those persons who are currently imprisoned or on parole for the conviction ofa felony.
F12
CC has the responsibility and the tools necessary to remedy the sub-standard conditions found in PVT encampments, but does not enforce these statutes. Disagree. The Code Compliance Division responds to complaints and is not authorized to independently act to remedy violations of the Codes. When a complaint is flied, and a violation is verified, the Code Compliance Division works with the property owner to rectify or eliminate the violation.
F13
The four fire agencies, NCCFD, GVFD, PVFPD and NCFD serving the vast majority of western Nevada County will soon be without fire chiefs, the highest level of management, creating an opportune time to explore reorganization. The PVFPD disagrees partially with the finding. PVFPD has participated in discussions, but any reorganization would not be pursued if the same level of service were not provided to the District nor if costs were to increase.
F14
An inter-jurisdictional task force with members from city and county law enforcement and fire, probation, code compliance, environmental health, homeless advocates, the chambers of commerce, and interested citizens should be able to come up with a plan, using existing laws and codes for resolving the situation with the PVTs. Partially Agree. Thus far, no community in the country has found a long term solution to dealing with the issues related to homelessness. However, existing efforts include: 1. The Homeless Resource Council of the Sierras' ongoing workgroup, the Nevada County Coordinating Council, meets monthly in Nevada County. The group consists of homeless advocates, non-profit leaders, mental health professionals, and county staff (HHSA) to address homeless outreach/ intake/assessment, prevention of housing loss, rapid re-housing, emergency shelter, transitional housing, permanent housing, and supportive housing. 2. Coordination between law Enforcement and Social Services exists through Eligibility Worker visits to the Wayne Brown Correctional facility and Probation offices to assist recently released individuals and probationers to apply for Medi-Cal. Life skills and financial planning classes are offered to these groups as well as an evidence based practice to improve self-sufficiency skills and reduce recidivism rates. 3. The Community Development Agency routinely coordinates with the Sheriffs Office and other county departments to enforce existing codes and regulations. 3 ~ B. RESPONSES TO RECOMMENDATIONS
F19
The Jury showed the Superintendent current photographs illustrating hazardous conditions in Nevada County schools. Findings Fi. Grass Valley Charter School property conditions expose students, teachers, staff, parents and visitors attending school facilities to dangerous health and safety issues. Fi. Bell Hill Academy property conditions expose students, teachers, staff, parents and visitors attending school facilities to dangerous health and safety issues. Fi. These hazardous conditions are endangering the health and safety of students, teachers, staff, parents and visitors because no one has taken responsibility for repair even though administrators and the Board of Trustees have been notified in writing. Fi. Mold not properly removed continues to pose an inherent danger to students, teachers, staff, parents, and visitors. Fi. Repairs have been done without benefit of required State oversight placing anyone entering these facilities at risk. Fi. Inadequate inspections have placed students, teachers, staff, parents and visitors attending school facilities in danger. Lack of detail in observing and accurately reporting sub-standard and dangerous conditions are obvious even to a lay person and should have been reported by experts hired by GVSD. Fi. Because GVSD officials created a MSDS book with unnecessary and inappropriate information, this places first responders at risk during emergencies as well as students, teachers, staff, parents, and visitors attending school facilities if immediate first aid is needed to be applied while awaiting medical care. Recommendations R. The Nevada County Superintendent of Schools should direct staff to adhere to the requirements of their office including: • conducting required site visits, • verifying SARC reports for accuracy, • complying with requirements mandated by Eliezer Williams et al v. State of California et al (2000). R. The GVSD Board of Trustees should direct the Superintendent to review existing contracts with construction consultants to determine if there is a bad-faith clause and demand a refund because hazardous conditions were not repaired. R. The GVSD Board of Trustees should direct the Superintendent to review the contracts for work on Grass Valley Charter School and Bell Hill Academy to remove mold, mildew and rot from these sites and verify the work was done according to contract. R. The GVSD Board of Trustees should verify all this work performed was state approved, inspected, and complies with codes concerning safe schools. R. The Grass Valley School District Board of Trustees should direct the Superintendent to update each MSDS Book to reflect site specific hazards. /// /// /// /// /// /// /// /// /// /// Responses Nevada County Superintendent of Schools: Findings 1, 2, 3, 4, 5, and 6 Recommendation 1 Due Date: August 30, 2014 Grass Valley School District Board of Trustees: Findings 1, 2, 3, 4 5, and 6 Recommendations: 2, 3, 4, and 5 Due Date: September 30, 2014 #3 #4 “MSDS” book. 1 ½ inches thick. Includes all chemical MSDS sheets. The use of this document is for WHAT IS ON SITE for use by emergency responders. #07 #08 WORK SHOP. Non-Rated cabinet with flammable chemicals. No CAUTION sign posted on outside. In case of fire, this is in one of the main EXIT routes. Grass Valley Charter School #17 - Rotted support. #18 Live electric box within play equipment area. #41 Broken electric conduit at ground level is at risk for high flooding from the adjacent Veteran’s Hall parking lot. Bell Hill Academy: #51 - Siding is separating from wall structure. This is evidence of water penetration to interior of wall structure. # 57 Rot at foundation. #61 Mold repairs were not done correctly. #62 Mold repairs were not done correctly. #63 Mold repairs were not done correctly. #67 Mold repairs were not done correctly. #85 - Siding is separating from wall Roof flashing on pipe is absent, structure. This is evidence of water allowing water to enter building. penetration to interior of wall structure. #86 Frayed and broken insulation used to carry 110 volts of electric power. This exposes the live wires to elements. Note also the routing is under the roofing material, no anchors to keep the wires from pulling away. #87 MAIN BUILDING Roof – conduit supported by 4.x, untreated blocks. The blocks rest directly on the roof material. Needed are Roof Pads to absorb movement between the 4x4 and the roof coating. #97 Rain Gutter drains water; in immediate area of live electric power. None of the drains routed roof water AWAY from the structures. HOlLY A. HERMANSEN, SUPERINTENDENT 11 2 NEVADA CITY HIGHWAY Nevada County NEVADA CITY, CA 95959 Superintendent of Schools 530-478-6400 ' fox 530-478-6410 August 26, 2014 The Honorable Thomas M. Anderson Presiding Judge of the Grand Jury Nevada County Superior Court 210 Church Street Nevada City, CA 95959 Dear Judge Anderson, This letter serves as the response from the Nevada County Superintendent of Schools on the findings and recommendations of the June 30, 2014 Grand Jury Report on the subject of "Grass Valley School District Unsafe Facilities?" for purposes of readability, we have shown our responses in bold. FINDINGS: 1. Grass Valley Charter School property conditions expose students, teachers, staff, parents and visitors attending school facilities to dangerous health and safety issues.

Recommendations 12

No Responses Found 1

Government entities assigned to respond to this report. No response documents have been linked in our database.

Grass Valley Elementary School District School District