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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.

Tulare County Grand Jury • 2009-2010

The Grand Jury is the “watchdog” of: Tulare Administrative Office (cao) Board of Supervisors

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⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Note: Missing finding numbers detected: F9, F10

Findings 24 findings

There were a total of 18 final reports in the 2008 – 2009 Final Report, 16 Did not of which required responses from 40 Partially agree different entities with a total of 57 agreed 1.65% required responses. 12.82%

There were 256 findings and 42

Orosi High School failed to respond to law the Status of Harassment Policies in Tulare County High Schools report.

Of those who responded, 10 (18.18%) responded late. Will be Will not be implemente

Of those who responded 45, implemente d 46.16% d 30.32% (81.82%) responded on time.

Forty entities (72.73%) responded as set forth by Penal Code 933.05.

Fifteen (27.27%) of those who Currently in responded did not respond as set place 23.52% forth by Penal Code 933.05.

The following diagrams indicate the percentages of concurrence and Percentage of implementation as implementation of the findings and Recommended by 2008-2009 Grand Jury

F11

The training costs provided by the City City of Lindsay Director of Public do not include the additional cost that will be required to cover the shifts of the employees in training during their absence. CONCLUSIONS Prior to the consolidation, the firefighters need for equipment and adequate living quarters were lacking. It appears as if the needs of the police were given priority over those of the firefighters. While the City should be commended for cross training police and firefighters, the City should thoroughly investigate the history of the prior consolidation and subsequent separation of functions in an effort to avoid having history repeat itself. Ø 16 TULARE COUNTY GRAND JURY REPORT 2009-2010 EXETER DISTRICT AMBULANCE BOARD ON THE MEND?

F12

In 2004, a Superintendent was hired over 20 years. and his wife was hired as Principal.

F13

In 2008, the Superintendent retired altered was not found. and recommended to the Board that his wife assume his Superintendent 20. California Education Code Sections duties as well as her duties as 52852, 52852.5 and 62002.5 Principal in 2009. The Board require schools to have an elected complied with the recommendation School Site Council. There is no data and hired her without posting a job to support the existence of a School opening. Site Council.

F14

On April 9, 2010, the CONCLUSIONS Superintendent/Principal submitted her resignation papers, requesting Although the School Board of Trustees are elected by the registered voters within Ø 48 TULARE COUNTY GRAND JURY REPORT 2009-2010 Woodville School District and given the 3. Board Members read and adhere to responsibility for ensuring accountability the Board By-Laws and operating to the local community, the evidence procedures. shows otherwise. The Board Members have not fulfilled their required 4. Establish a School Site Council as responsibilities. They appear to be a required by California Education rubber stamp used by the two prior school Code. Superintendents.

F15

A petition was submitted to the Board

F16

Water meters are not read on a regular schedule.

F17

The CSD Ordinance 83-01 outlines the government code references to avoid requirements for drilling a well within its having to call an attorney about matters boundaries. that are common to the CSD’s routine business.

F18

During the current booking process, all

F19

Evidence of STAR test scores being

F20

Seizure medication was confiscated from an inmate and was not provided 2Also known as HHSA Pharmacy Ø 60 TULARE COUNTY GRAND JURY REPORT 2009-2010 until after two weeks and three 27. Inmates’ medication is dispensed twice emergency visits to Kaweah Delta a day, including those that are District Hospital. prescribed to be taken three or four times a day. Dosages are increased to

F21

One inmate was on chemotherapy when allow for frequency. incarcerated. The Judge ordered the continuation of chemotherapy. 28. The majority of prescriptions are However, two sessions were missed, antibiotics and pain medications. and the inmate had to file a complaint before the chemotherapy was 29. There is no communication or briefing administered. between medical staff during shift change.

F22

A Med Tech threatened to have an inmate’s need for medication reviewed 30. There are multiple conflicts within and because of disrespectful behavior. between Title 15, the Sheriff’s Detention Policy Manual and the Health Care

F23

The Health Care Manual Policy 95- Manual (e.g. Sheriff’s Detention Policy 01(V)(F) (1, 2 and 3) states, “Unused #F-625 and #F-408). medication should be returned to the HHSA Pharmacy in unit dose containers CONCLUSIONS for disposal. Containers shall not be taken apart and the medications shall It appears as though the term “adequate” as not be removed prior to returning to the referred to in Title 15 regarding health care pharmacy. Any unit dose container no has been defined in Tulare County as “barely longer in use (i.e., inmate released, sufficient or satisfactory” instead of medication discontinued or therapy “sufficient for a specific requirement” completed) must be returned to pharmacy as soon as possible. It is Inmates being offered outside medical preferable to return unit dose services in a limited manner and sick call containers on a daily basis. Out of date slips not being processed timely could lead to medications are to be returned to the long term illnesses and additional financial HHSA Pharmacy on a monthly basis.” burden to the County.

F24

In October 2009, a large box of Not providing a secure accounting of unused ‘salvaged’ medication disappeared from medication leads to theft or lost of BWDF. The contents of the box were medication and is not a fiscally sound unknown, due to the lack of a chain of practice. custody. Threatening to review the need for

F25

The Sheriff’s Detention Policy Manual # medication to control inmates is not part of B300 H(3) states, “The Shift Supervisor the policy. will…prior to release...retrieve all inmate medications and give the inmate, not to Jail policies and procedures not being exceed a two-week supply”. followed are causing significant medical and medication problems within the jail system.

F26

Medication does not always go with the inmate upon their release. 61 × TULARE COUNTY GRAND JURY REPORT 2009-2010

Recommendations 17

R1

All contracts, whether obtained through a RFP or bid process, comply with City Ordinance No. 579, Section 3.36.100. Ø 14 TULARE COUNTY GRAND JURY REPORT 2009-2010 CITY OF LINDSAY PUBLIC SAFETY MERGER
R2

All Board members file an accurate signed into law on October 7, 2005. and complete Form 700 as required One Board member who has been a by State law. board member for more than ten years, has no record of ethics training
R3

All Board members complete ethics until December 19, 2009. training as required by State Law.
R4

Provide a full public accounting of cost
R5

Require all agencies within the
R6

A new Board Member was approved
R7

Procedures regarding the safe safety hazards within the evacuation of physically disabled Government Plaza. individuals from the second floor are not adequate. 3. Provide fire and emergency evacuation procedures to all
R8

The Tulare County Safety Officer personnel during their orientation provided all agencies in the and training. Government Plaza with a summary report of the December 17, 2009 fire 4. Conduct emergency and evacuation and emergency evacuation drill. drills annually at the Government However, this report does not include Plaza and all other occupied Tulare all of the deficiencies identified by County buildings. the walk through inspection.
R11

The training costs provided by the City City of Lindsay Director of Public do not include the additional cost that will be required to cover the shifts of the employees in training during their absence. CONCLUSIONS Prior to the consolidation, the firefighters need for equipment and adequate living quarters were lacking. It appears as if the needs of the police were given priority over those of the firefighters. While the City should be commended for cross training police and firefighters, the City should thoroughly investigate the history of the prior consolidation and subsequent separation of functions in an effort to avoid having history repeat itself. Ø 16 TULARE COUNTY GRAND JURY REPORT 2009-2010 EXETER DISTRICT AMBULANCE BOARD ON THE MEND?
R12

Evidence revealed that some of the of January 16, 2009 at the Range. targets were set up in such a manner 57 × TULARE COUNTY GRAND JURY REPORT 2009-2010
R13

Rewrite the Employee Handbook and amend the Alpaugh JPA By-Laws to include procedures requiring all employees, managers and Board Members to immediately report any incident of sexual harassment. This requirement would then trigger a mandatory investigation by the Manager and/or the Board of Directors and the results of this investigation be documented and kept on file.
R15

The District has no General Manager as County Government 101 training at required by California Government Code least every two years. Section 61050.
R16

Water meters are not read on a regular schedule.
R17

The CSD Ordinance 83-01 outlines the government code
R18

Anything that can be used as a required in the document. weapon or modified into a weapon (CDs, video equipment, pencils, etc.) 2. Inspect the law libraries semi- cannot be kept in the cell. Special annually to insure they meet the short pencils can be purchased by requirements of the Pro Per Policy. the inmate.
R19

The last Administrative Hearing took and zoning violations. place in December 2009. 3. Enforce collections of all fines, fees, interest and penalties, as shown on the
R20

Nothing further has been done RMA Code Compliance Division regarding this particular code violation. Schedule of Fees. CONCLUSIONS 4. Evaluate recent staff reductions of RMA Inspection and Code Enforcement Due to the elimination of Code Enforcement Divisions to determine effects on personnel, RMA is overwhelmed. In the past, revenue collection and code Code Compliance Division generated compliance. revenue. At present, with the significant staff reduction, revenues have decreased and 5. Start required Administrative Hearings known code violations are not being tracked immediately. and corrected.

Conclusions 12

CL1

The City made the assertion that refuse collection is a “specialized The fact that the City considered items in service” and as such would fall under the proposals that were not requested in City Ordinance No. 579, Section the RFP indicates that not all of the 3.36.110 relating to “Professional companies that submitted proposals were and Specialized Services”. This playing on an equal playing field. One section states that it applies to “The company was given preference for acquisition of copyrighted and programs that were not required in the patented items, specialized or RFP and other companies were not professional services, and services allowed to adequately respond. If the City for which there is no reasonable was interested in these programs, all alternative which is of equal or better companies that submitted a proposal quality or nature, shall be made by should have been given the opportunity to following the procedures set forth in respond, or the programs should have this Section. been identified in the RFP. A. The purchase order or contract award for such professional or The City claims that since this was a specialized services or materials proposal and not a bid, City Ordinance No. shall have a copy of a statement 579, Section 3.36.100 does not apply. attached thereto by both the Regardless of what the process is called, a vendor or contractor and the City contract was negotiated in violation of City Administrator stating the reasons Ordinance No. 579, Section 3.36.100. and the specific copyright or The Grand Jury does not believe that patent circumstances which have refuse collection would fall under the given rise to the invoking of this “Professional and Specialized Services” exception to the competitive section of the City Ordinance. Paragraph acquisition process set out in this E of this section states “’Professional Chapter. Services’ means work performed by specially trained and experienced persons, The original of such statement shall firms or corporations rendering be filed with the City Clerk.” professional services and advise (sic) such The Grand Jury was unable to find as accounting, auditing, financial advisory, any such statement. securities underwriting, legal, medical, engineering, architectural, environmental,
CL2

The contract negotiated with Sunset economic, real estate, insurance, Waste contains a provision for a appraisal, lobbying, public relations, 13 × TULARE COUNTY GRAND JURY REPORT 2009-2010 ordinance codification and publication, or 2. Offer the senior citizen discount similar such highly specialized services.” specified in the contract. However, if refuse collection does fall 3. If the City intends to use the RFP under this exemption the City failed to process, adopt an ordinance to follow it’s own procedures by failing to specify the process. attach a statement stating the “...reasons
CL3

Building maintenance for the Government Plaza was the Emergency and evacuation drills are responsibility of the Tulare County essential and necessary to help save lives Resource Management Agency (RMA) in case of a real emergency. The in December 2009. On January 26, emergency evacuation drill did identify 2010, this responsibility was taken several problematic issues and emergency over by the Tulare County equipment deficiencies. However, not all Administrative Office, General of these issues were discovered at the Services Division. time of the drill. The fact that they were not reported to the Tulare County Safety
CL4

The walk through inspection of the Officer initially, demonstrates the need for Government Plaza revealed: improvement. b. Several emergency lights do not function.
CL5

Board Members address the public only when recognized by the Chairman. This impoverished community has three Districts and a Joint Powers Authority that
CL6

Use a job selection process that ensures must fill their Boards with citizens from within a qualified person is placed in all the service area. A community this small is positions. Promote office staff to unlikely to have enough people with the time, management only when definite interest and experience to function as knowledge, skills and abilities to fill that qualified board members. It appears that the position are demonstrated. needs of the community would be better served by a consolidation to a Public Utilities
CL7

No one other than the Executive District or a Community Service District as Director involve themselves in the day to permitted by law. day operations or management of the Alpaugh JPA. Because Board meetings are not controlled, business cannot be conducted in an orderly
CL8

Amend the By-Laws of the Alpaugh JPA and expeditious manner. This condition is and the Joint Exercise of Powers aggravated by the polarization of the Board. Agreement to appoint an Executive Director only in the absence of a The Alpaugh JPA Board of Directors appear to Manager. have no knowledge of the Joint Exercise of Powers Agreement, the By-Laws or any
CL9

Keep personnel files up to date in a California Government Codes that relate to secure location and provide a written the administration of Special Districts. performance evaluation at least every two years. The over vigilance of staff and yelling at employees created a stressful and hostile
CL10

Comply with Senate Bill 343, which workplace. became law on July 1, 2008, by posting the following notice on the agenda:
CL11

Prior to the consolidation, the firefighters need for equipment and adequate living quarters were lacking. It appears as if the needs of the police were given priority over those of the firefighters. While the City should be commended for cross training police and firefighters, the City should thoroughly investigate the history of the prior consolidation and subsequent separation of functions in an effort to avoid having history repeat itself. Ø 16 TULARE COUNTY GRAND JURY REPORT 2009-2010 EXETER DISTRICT AMBULANCE BOARD ON THE MEND?
CL12

Because jackets for use at the Main Jail roof top exercise area are shared, it is possible to transfer disease and/or infestation.

Comments 1

CO1

The contact person on the complaint had no knowledge that a complaint