Yuba County Sheriff/Coroner

Recommendations 7

• R1

  Page 91
  The Board of Supervisors needs to review and update the Jail Bed Revenue Sharing agreement.
• R2

  Page 91
  The Board of Supervisors needs to review the annual budget to ensure that budgeted monies are from and for the year of use.
• R3

  Page 91
  The Yuba County Board of Supervisors needs to review the Sheriff's budget to ensure that it is funded correctly by the County General Fund and that other revenue sources, such as AB 443 funds and Jail bed revenues, are not being used to supplant the Sheriff's budget. Required Responses to Findings 1-4 Yuba County Board of Supervisors Required Responses for Recommendations 1-3 Yuba County Board of Supervisors Yuba County Grand Jury Final Report 80 The County of Yuba VIRGINIA R. BLACK OFFICE OF THE SHERIFF - CORONER Sheriff - Coroner (530) 749-7777 "DEDICATED TO OUR COMMUNITY" FAX (530) 741-6445 May 13, 2004 Honorable Chairman/Members of the Board of Supervisors County of Yuba Allegation of Misconduct - Dishonesty RE: Dear Chairman and Supervisors: I am writing to you individually and collectively, and in your official capacity, on a matter of grave concern. I do so with the full expectation that you will treat this with the seriousness that it warrants and that you will, as responsible public officials, take appropriate action to ensure that this misconduct does not ever recur. At the meeting of the Board of Supervisors on Tuesday, May 11, 2004, in open session and before members of the public and media, County Administrative Officer Kent McClain sat in front of you and all who were present and said that he had directed all county department heads to submit a budget reflecting a ten (10) per cent cut in our base budgets. Mr. McClain went on to say to you that I had not done so; that I had not submitted a budget proposal reflecting the requested ten (10) per cent cut. Mr. McClain lied to you. And please understand that I use the word "lied" advisedly and in its commonly understood English language meaning of "to make an untrue statement with intent to deceive; to create a false or misleading impression; an assertion of something known or believed by the speaker to be untrue with intent to deceive." On April 16, 2004 hard copies of our budgets were turned in, as requested, to the County Administrator's Office which reflected our base budgets with a 10% reduction for '04-'05 and our requested '04-'05 budgets. (copies of face sheet for five of my budgets are attached hereto.) On April 23, 2004, I and other Department heads met with Mr. McClain and his staff for the purpose of providing to him and one another, oral presentations of our submitted budgets. Speaking from prepared notes and remarks (copies of which are enclosed with this letter) I made my budget presentation. It included, as you can see, the Webster's Seventh New Collegiate Dictionary, Merriam-Webster, 1967, . por. COURTHOUSE • 215 FIFTH STREET • MARYSVILLE, CALIFORNIA 95901-5788 Attachment 26 81 Yuba County Grand Jury Final Report . . . ï requested ten per cent reduction. Mr. McClain was there. Mr. McClain and everyone else in that room heard my presentation. Therefore, Mr. McClain knew that I had done as requested and had made a budget presentation reflecting the requested ten percent reduction in base. Yet Mr. McClain sat before you, the public and the media, and told you that I had not done so when he knew perfectly well that I had. This can only have been with the intent to mislead you into believing that I had not done that which Mr. McClain knew that I had done. He lied to you. You may wonder why I did not immediately counter Mr. McClain's lie during the Board meeting. Of course I wish that I had. However, I have always operated on the assumption that those in County government will behave with honesty and veracity. Quite frankly, when Mr. McClain spoke as he did I could not believe what I was hearing and I was stunned to virtual silence. But I have now recovered, and shall remain so. It is actionable misconduct for a public official of this County to lie to the Board of Supervisors. As you are Mr. McClain's appointing authority, it is your responsibility to supervise and control him. It is also your responsibility to have this matter investigated and for you to take such action as necessary to ensure that we are never lied to again. I can tell you with confidence that if even so much as a line level deputy sheriff was found to have fied about a matter of official county business, that deputy would be removed from County service. And the level of accountability does not decrease, but rather increases, as one makes one's way up through the chain of command. As a constitutionally elected official of this County, I cannot and I will not tolerate being lied to or lied about by others who are entrusted to serve our citizens. Therefore, I turn to you for appropriate action, and with confidence that you will do your duty. If, however, I am wrong on that account, I will take my concerns elsewhere. Very truly yours, VIRGINIA R. BLACK Sheriff County of Yuba enclosures Attachment 26 Yuba County Grand Jury Final Report 82 • 133-7800-422.9000 133-7800-422.5301 133-7800-422.2900 ACCOUNT NUMBER S.T.C. REIMBURSEMENTS COST REIMBURSEMENTS OTHER CHARGES A-87 CHARGES TRAVEL ACCOUNT DESCRIPTION SERVICES AND SUPPLIES S.T.C. 2002-03ACTUALEXPENDITURES BUDGET PREPARATION WORKSHEET 31,825 31,825 31,825 t 0 0 2003-04ADOPTEDBUDGET 0 0 0 0 0 0 2004-05DEPARTMENTBASE 26,653 26,539 26,539 ; 7 0 6 . Base (Requested) $ Revenues $ 10% Reduction $ 2004-05 DEPARTMENTAL REQUEST . 29,614 29,500 29,500 114 0 0 29,61429,6142,961 2.961 2,961 Attachment 27 83 Yuba County Grand Jury Final Report : • 108-2700-422.9000 101-2701-422.6200 101-2701-422.5301 101-2701-422.2900 101-2701-422.2800 101-2701-422.2700 101-2701-422,2500 101-2701-422.1700 101-2701-422,1500 101-2701-422.1100 ACCOUNT NUMBER REIMBURSEMENTS COST REIMBURSEMENTS FIXED ASSETS-EQUIPMENT FIXED ASSETS A-87 CHARGES OTHER CHARGES TRAVEL SPECIAL DEPT EXPENSE SMALL TOOLS RENT & LEASES/EQUIP MAINTENANCE/EQUIPMENT SERVICES AND SUPPLIES INSURANCE CLOTHING & PERSONAL ACCOUNT DESCRIPTION BOAT GRANT 2002-03ACTUALEXPENDITURES BUDGET PREPARATION WORKSHEET 168,428 24,463 15,999 4,509 1,949 4,509 2,069 2,721 1,147 ٠ 360 218 0 0 2003-04ADOPTEDBUDGET 234,269 45,000 22,260 45,000 15,000 2,000 2,000 1,460 1,440 293 8 293 o 0 Base (Req)RevenuesBoat Taxes 10% Reduction 2004-05DEPARTMENT BASE 189,095 21,523 14,800 3,199 3,199 1,486 2,000 1.437 1,440 360 0 0 0 0 0 *** 2004-05 DEPARTMENTAL REQUEST 191,838 191,838(140,905)(23,500)27,433 2,743 22,237 15,000 3,199 3,199 2,000 2,000 1,437 1,440 8 0 0 0 P lo 2,743 714 514 3 Attachment 28 84 Yuba County Grand Jury Final Report . . . . . . . . .... . .. . . • 101-4400-427.8000 101-4400-427.6200 101-4400-427.6100 101-4400-427.5301 ACCOUNT NUMBER 4 COST REIMBURSEMENTS REIMBURSEMENTS EQUIPMENT FIXED ASSETS FIXED ASSETS-STRUCTURE ACCOUNT DESCRIPTION A-87 CHARGES OTHER CHARGES ANIMAL CONTROL 2002-03ACTUALEXPENDITURES BUDGET PREPARATION WORKSHEET 445,777 (83,000) (83,000) 31,881 31,881 2,596 2,596 0 2003-04ADOPTEDBUDGET 491,474 (83,000) (83,000) 10,818 10,818 o 0 0 Base (Req)Revenues 10% Reduction 2004-05DEPARTMENTBASE 314,239 784,658 314,239 (83,000) (83,000) 0 66 *** 2004-05 DEPARTMENTAL REQUEST 849,064(205,000)844,06464,406 849,064 314,239 (83,000) 314,239 (83,000) O 00 Attachment 29 Yuba County Grand Jury Final Report 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and the second of 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 seco . . . . . . . . . . . . . . . . . . . . . ... ٠ 108-2900-423.6201 108-2900-423.9000 108-2900-423.5301 ACCOUNT NUMBER REIMBURSEMENTS FIXED ASSETS-EQUIPMENT A-87 CHARGES COST REIMBURSEMENTS OTHER CHARGES ACCOUNT DESCRIPTION FIXED ASSETS Ä ÷ 2002/03ACTUALEXPENDITURES BUDGET PREPARATION WORKSHEET 5,710,247 967,697 967,697 (31,473) (31,473) 43,823 43,823 . 2003/04ADOPTEDBUDGET 7,068,751 1,551,158 1,551,158 0 0 0 0 General Fund10% Reduction Base (Req)Revenues 2004/05DEPARTMENTBASE 6,415,768 369,776 369,776 ٠ 0 0 0 *** 2004/05 DEPARTMENTAL REQUEST 6,574,856 6,574,856(3,630,371)(1,353,609)1,590,876159,088 369,776 369,776 ٠ 0 o 0 159,088 Attachment 30 Yuba County Grand Jury Final Report 86 . .. ... ..
• R4

  Page 101
  $1.35 per day per inmate (3\%) Allocation for County General Fund $15.97 per day per inmate (35.5\%)
• R6

  Page 101
  Allocation for Sheriff's Department for additional personnel, safety equipment and fixed assets, which can be encumbered at the end of the fiscal year (and each subsequent year for renewed contracts) but not to supplant annual budget. $15.97 per day per inmate (35.5\%) . . . . Attachment 35 92 Yuba County Grand Jury Final Report progress of the B ..... CHARLES K. McCLAIN Li val The County of Yuba COUNTY ADMINISTRATOR CO RANDY MARGO ASSISTANT COUNTY ADMINISTRATOR JOHN FLEMING OFFICE OF THE COUNTY ADMINISTRATOR ECONOMIC DEVELOPMENT COORDINATOR GRACE M. MULL GÖVERNMENT CENTER - 015 8™ STREET. SUITE 115 ADMINISTRATIVE ANALYST MARYSVILLE, CALIFORNIA 95901-5273 TEENA L. CARLQUIST EXECUTIVE ASSISTANT (530) 749-7575 FAX (530) 749-7312 DATE: August 17, 2004 TO: Board of Supervisors (VQ FROM: Charles K. McClain, County Administrative Officer SUBJECT: Implementation of the Agreement between the County of Yuba Board of Supervisors and the Yuba County Sheriff for the distribution of revenue derived from INS detainee jail bed space rental income. RECOMMENDATION: Recommend the Board approve a budget transfer in the amount of $1,865,127.00 to implement the agreement between the County of Yuba Board of Supervisors and the Yuba County Sheriff for the distribution of income derived from INS detainee jail bed space rental income.
• R9

  Page 100
  Type of Detainee: [X ] Adult Male [X] Adult Female City/County or State Government Certification: To the best of my (our) knowledge and belief, data submitted in support of this agreement is true and correct. This agreement has been duly authorized by the governing body of the city/county or state government identified in block 5 above. The city/county or state government identified shall comply with all provisions set forth herein. 9-00 Virginia R. Black Sheriff-Coroner (Nume & Title typed or printed) (Date) (Signature) (Name & Title typed or printed) (Signature) (Date) (Signature) (Name & Title typed or printed) (Date) (Signature) (Date) (Name & Title typed or printed) (For additional signatures, please attach another page.)
• R11

  Page 100
  This agreement is hereby approved and accepted for THE UNITED STATES OF AMERICA, by direction of the SECRETARY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT Clas Barilay 2/2/04 ALAN J. BARCLAY (Contracting Officer Signature) (Date) (Name typed or printed) APPROVED AS TO FORM: DANIEL G. MONTGOMERY, COUNTY COUNSEL Nother R. Burgess, Chief Deputy Attachment 34 90 Yuba County Grand Jury Final Report parameter and its County of Yuba INTER-DEPARTMENT CORRESPONDENCE March 31, 1995 YUBA COUNTY BOARD OF SUPERVISORS TO: SHERIFF GARY D. TINDEL AG FROM: AGREEMENT AND CONTRACT FOR JAIL BED SPACE WITH SUBJECT: THE U.S. BORDER PATROL & IMMIGRATION AND NATURALIZATION SERVICE (INS) RECOMMENDATION: Authorize agreement between Sheriff Gary Tindel and