2017-2018 Final Reports

Conclusions 12

• CL1 Page 13
  OID-BOD failed to reapportion X R5. None its five voting districts, as needed and in a timely manner, after both the 2000 Census release and again after the 2010 Census release.
• CL2 Page 9
  The 2017-2018 SCCGJ is satisfied that all entities requested to respond to the findings and recommendations of the 2016-17 SCCGJ report did so satisfactorily within the time frame stipulated by the California Penal Code Section 953 (c).
• CL3 Page 10
  Stanislaus County Library Case # 17-18GJ Reason for Investigation The Stanislaus County Civil Grand jury believed that it would be beneficial to the public to review the Stanislaus County Library. A review of the library had not been done since the 1992-93 Grand Jury term, and tremendous changes have been implemented and challenges faced by the Stanislaus County Library in recent years. Agencies Asked to Respond  Stanislaus County Board of Supervisors Agencies Invited to Respond  None d * r e e h d t e O
• CL4 Page 12
  Oakdale Irrigation District Redistricting Case # 17-19C Reason for Investigation The 2016-2017 Stanislaus County Civil Grand Jury’s (SCCGJ) decision to conduct an investigation into the Oakdale Irrigation District’s (OID) failure to redistrict its Board of Directors’ voting districts following the 2010 Federal Census was prompted by a complaint submitted to the Grand Jury by an Oakdale area resident and articles in The Modesto Bee. The complainant alleges OID chose not to follow the requirements of the law to redistrict after the release of the Federal Census every 10 years. Furthermore, the complainant alleges that one or more of the five districts do not meet California Elections Code Division 21, Section 21500-21506 and Voting Rights Act requirements as it relates to equal populations in each of the five voting districts. Agencies Asked to Respond  OID Board of Directors  OID General Manager Agencies Invited to Respond  None d * r e e h d t e O Findings g n id n iF /w e e r g A y lla itr a P s e e r g A s e e y r l g lo a h s i W D Recommendations d e t n e m e lp m tn e m e lp m I lliW r u F e N s is y la n A r e h tr u F /t n e m e lp m I t o N lliW F1. OID-BOD’s voting districts are X R1. The OID-BOD should X I not equal in population. Based on the comply with the existing 2010 Federal Census, the largest redistricting law, including district has a population of California Election Code Sections approximately 8,358, and its smallest 21500-21506 and 22000-22001, district has a population of and redraw its voting districts approximately 4,305. The largest boundaries no later than 180 days district is 30.3% larger than the prior to the November 2017 calculated average of the OID districts election of the OID’s Board of and the smallest district is 32.5% Directors. smaller than the calculated average OID district.
• CL5 Page 13
  d * r e e h d e t O F2. OID-BOD F is i n r d eq in u g ir s e d by Federal X g n id n iF /w e e r g A y lla itr a P s e e r g A y llo h W s e e r g a s iD R2. OI R D e - c B o O m D m s e h n o d u a ld ti ons X d e t n e m e lp m I tn e m e lp m I lliW r u F e N s is y la n A r e h tr u F /t n e m e lp m I t o N lliW and State law to redistrict, as immediately develop and necessary, after each Federal Census. implement a district policy to redistrict within the first six- month period after the release of each Federal Census, to ensure redistricting is done, as required by law when voting districts differ by more than 5%. F3. OID-BOD failed to take action X R3. OID-BOD should determine X after becoming aware that OID voting if redistricting is needed after the districts were out of compliance with release of every upcoming Federal and State redistricting laws in Federal Census population data in 2011 2021, 2031, 2041, and subsequent years. OID-BOD should redistrict in a timely manner, as consistent with the law. F4. OID-BOD last redistricted in X R4. None 1991, after the 1990 Federal Census release. Therefore, it has been over 25 years since OID has redrawn its voting districts. F5. OID-BOD failed to reapportion X R5. None its five voting districts, as needed and in a timely manner, after both the 2000 Census release and again after the 2010 Census release. F6. OID currently has no formal X R6. None policy on record to redistrict after each Federal Census data release.
• CL6 Page 14
  Stanislaus County Detention Facilities Inspections Case # 17-20GJ Reason for Investigation The 2016 – 2017 Stanislaus County Civil Grand Jury (SCCGJ) conducted its annual detention and other facility inspections as required by California Penal Code 919(b). These inspections included the jail facilities, the Stanislaus County Sheriff’s Office Coroner’s Division (SCSOCD), Stanislaus Regional 911 (SR911), Juvenile Commitment Facilities (JDF), and the Day Reporting Center (DRC). The Stanislaus County Sheriff’s Office Coroner’s Division, a state-of-the-art facility that determines individuals’ cause of death for the population of three counties: Mariposa, Stanislaus, and Tuolumne. The Stanislaus County Sheriff’s Department detention facilities are also state of the art. The SCCGJ participated in ride-along programs offered by Stanislaus County law enforcement agencies. SCCGJ commends the Sheriff’s Department, Modesto Police Department, and Turlock Police Department for their cooperation and assistance during the various inspections and tours. The SCCGJ conducted physical inspections of each facility between September 9, 2016 and March 21, 2017. Agencies Asked to Respond  Stanislaus County Board of Supervisors Agencies Invited to Respond  Stanislaus County Sheriff – Coroner’s Division  Stanislaus County Sheriff’s Department d * r e h e d e e t O /t Findings Recommendations N n g n id n iF /w e e r g A y lla it r a P s e e r g A y llo h W s e e r g a s iD d e t n e m e lp m I t n e m e lp m I lliW r u F s is y la n A r e h t r u F e m e lp m I t o N lliW Stanislaus County Board of Supervisor Responses F1. The Stanislaus County Sheriff’s X R1. The Stanislaus Sheriff’s X Department is extremely adept at Department should develop a plan managing and maintaining its to better utilize the CJ. detention facilities
• CL7 Page 15
  d * r e e h d e t O F2. The CJ is a F p i p n r d o i a n c g h s in g the end of X g n id n e e iF r g /w A y lla itr a P s e e r g A y llo h W s e e r g a s iD R2. The R e S c C o C m G m J e r e n c d o a m ti m on e s n ds d e t n e m e lp m I tn e m e lp m I lliW r u F X e N s is y la n A r e h tr u F /t n e m e lp m I t o N lliW its useful life and is using valuable Stanislaus County Probation correctional resources that could be Department screen for hepatitis B better utilized at newer detention and C during the intake process. facilities. F3. The Stanislaus County Sheriff’s X R3. The Coroner’s Office needs X Department was proactive in securing to acquire its own X-ray machine. AB900 state project funding. Needless time and money is spent transporting autopsy cases to Doctors Medical Center for X- rays. The facility currently has room for this machine to be installed. F4. During booking procedures at X R4. The Stanislaus Regional X Juvenile Hall, male and female 9-1-1 should consider developing inmates are screened for syphilis but a resource plan that would not hepatitis B or C. identify potential solutions in minimizing overtime, increase the retention of current workers, and reduce the loss of candidates during the hiring process. F5. Working from a state of the art X facility, the Stanislaus County Sheriff’s Office Coroner’s Division facility provides much utilized services to assist in determining causes of death. F6. With the implementation of the X new CAD system, the staff was provided adequate training and the system is now in full operation. Additionally, Stanislaus Regional 911 will now be responsible for receiving 911 cell phone calls. F7. The MPD, SCSD, and TPO are X committed to protecting and serving the citizens of their respective cities.
• CL8 Page 16
  d * r e e h d e t O F8. AMR oper F a i t n e d s i a n n g e s w program X g n id n iF /w e e r g A y lla itr a P s e e r g A y llo h W s e e r g a s iD Recomme ndations d e t n e m e lp m I tn e m e lp m I lliW r u F e N s is y la n A r e h tr u F /t n e m e lp m I t o N lliW called Community Ambulance to assist SCSD officers when they are dealing with a person with possible mental health issues. The Community Ambulance program follows through with the subject, allowing officers to proceed with their duties.
• CL9 Page 16
  The 2017-2018 SCCGJ is satisfied the Stanislaus County Probation Department is taking appropriate actions regarding its responsibilities to screen and test for hepatitis B & C.
• CL10 Page 17
  Stanislaus County Probation Department Case # 17-30C Reason for Investigation The Stanislaus County Civil Grand Jury (SCCGJ) received a complaint alleging the Stanislaus County Probation Department (SCPD) acted in an illegal manner when conducting a property search, failed to follow SCPD procedures, and intimidates citizens from filing formal complaints. SCCGJ chose to investigate the complainant’s allegation that the SCPD Citizen Complaint Form and Citizen Complaint Declaration language may prevent citizens from filing complaints. The SCCGJ agrees and recommends SCPD review their Citizen Complaint and Declaration Forms with the intent of removing any language that would discourage citizen input. There may also be an issue with the current form’s language not meeting the requirement of a recent judicial opinion. Agencies Asked to Respond  Stanislaus County Chief Probation Officer Agencies Invited to Respond  Stanislaus County Board of Supervisors d e d e e Find ings g n id n iF /w e e r g A y lla it r a P s e e r g s e e y r g llo a s h i W D Recomme ndations d e t n e m e lp m t n e m e lp m I lliW r u F N s is y la n A r e h t r u F t o N lliW * r e h t O /t n e m e lp m A I I F1. The Stanislaus County X R1. SCCGJ recommends that X Probation Department’s current the SCPD review their Citizen Citizen Complaint and Citizen Complaint and Declaration Declaration forms may discourage forms to foster filing of some citizens from filing a formal legitimate complaints and to complaint due to the 148.6 CPC come into compliance with the declaration. ruling of the 9th Circuit Court of Appeals ruling on Section 148.6 CPC.
• CL11 Page 9
  The 2017-2018 SCCGJ is satisfied that all entities requested to respond to the findings and recommendations of the 2016-17 SCCGJ report did so satisfactorily within the time frame stipulated by the California Penal Code Section 953 (c).
• CL12 Page 18
  2017-2018 Stanislaus County Civil Grand Jury Burbank-Paradise Fire District Board of Directors Dynasty or Democracy? Case #18-06C Burbank-Paradise Fire District Board of Directors, Dynasty or Democracy? SUMMARY The Stanislaus County Civil Grand Jury (SCCGJ) initiated an investigation in response to a complaint of alleged mismanagement by the board of directors of the Burbank-Paradise Fire District (BPFD). The allegations included violations of the Brown Act and poor financial decisions. The investigation was expanded to determine compliance with selected articles of state law and generally accepted governance practices. The investigation disclosed a board of directors and an organization marked by careless review, monitoring, and supervision practices. The Burbank-Paradise Fire District Board of Directors (BPFD-BOD) was unable to provide any policies or procedures to deal with potential conflict of interest. Based on the testimony of witnesses and SCCGJ observations of open public meetings, the BPFD-BOD appears to make decisions that affect BPFD board members’ personal financial, family, or other individual interests. Typically, government agencies develop and implement policies and procedures to deal with potential conflict of interest in areas such as family relationships (nepotism), business relationships, gifts, and honoraria. Board members lacked knowledge of parliamentary procedures and failed to produce evidence of required ethics training and financial disclosure forms. At the time of this investigation, information vital to board meeting agendas, public meeting minutes, and financial information was not on the BPFD website. In addition, this required information was not addressed or available to citizens who physically attended a board meeting and/or requested it. The board meeting notices were difficult to find. The signage and direction to the BPFD meeting room is poorly marked and the meeting times, dates, and location were not scheduled with regularity. The BPFD-BOD failed to provide many documents requested by the SCCGJ to complete its investigation. Refer to Methodology and Findings sections of this report for more detail.

Commendations 1

• CM1 Page 49
  Cl. The SCCGJ commends the Auditor-Controller management team for their competent financial management. INVITED RESPONSES Stanislaus County Auditor-Controller Stanislaus County Board of Supervisors

No Responses Found 3

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