Stanislaus County Grand Jury • 2009-2010 • Agency Response
Response to: Part Three: Modesto City School District Board of Education & Administration

The Board of Supervisors of the County of Stanislaus Action Agenda Summary Dept: Chief Executive Office Board Agenda #

Published: September 14, 2010
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Findings and Recommendations 8 findings

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Two past members of the Board, Board President A and Board member, did not reside within the District boundaries during at least a part of the time they served on the board. Consideration and Approval of Response to the 2009-2010 Stanislaus County Civil Grand Jury Final Report Response: The County has no information on which to agree or disagree, as a result the Board of Supervisors is unable to respond to this finding. When applications for elected Special Districts are received to the Stanislaus County Board of Supervisors, the Clerk of the Board contacts the Registrar of Voters to ensure the applicant is a registered voter and resides in the district prior to processing the application. This process ensures that the applicant meets the residency requirement to serve on the Special District Board. The Board of Supervisors is unable to monitor if individuals move out of the district while serving on the Board.
Related Recommendations (1)
R1
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Replace the existing facility with a larger: more modern facility. Response: The respondent agrees with the finding. The updated Public Safety Center Jail Needs Assessment and Public Safety Service Master Plan submitted to the Board of Supervisors on June 26, 2007 indicated that there is a significant shortage of adult detention beds to meet today's needs and demands. In addition to meeting growth demands, two of the three adult detention facilities, the Main Jail and the Honor Farm, should be considered for replacement. The funding is not currently available to build more bed space, which could allow for closure of the facility.
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The humidity in the jail was overwhelming. Response: The respondent agrees with the finding. 2 50 E:ist Hackett Rd. Modesto, CA 95358 (209) 525-7216 FAX (209) 525-7106 www.StanislausSheriff.com STRMNG TO BE THE BEST The Honorable Jack M. Jacobson June 30,20 1 0 Iie: Response to Civil Grand Jury Report 10-47GJ The age and design of the facility make replacement of the air conditioning system prohibitive. Bids are currently being sought to make improvements to an outdated air conditioning system.
Related Recommendations (1)
R2
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Upgrade the video monitoring/recording system. Response: Improvements have been made to the monitoring system as a whole, including new monitors in Control and installation of some new cameras. With regard to recording, California Government Code Section 34090.6 states that recordings of routine video monitoring must be retained for at least one year. With the large number of cameras inside the facility, the storage capacity required to retain all recordings for one year is cost prohibitive. Stanislaus Countv Public Safety Center Findings: F. 1. The Public Safety Center is a clean facility. June 30,20 1 0 Response: The respondent agrees with the finding. F.2. The inmate grievance procedure is adequate. Response: The respondent agrees with the finding. F.3. Inmates are separated and housed by appropriate classifications. Response: ?'he respondent agrees with the finding. F.4. 'The medical staff is adequate and appears to display a caring attitude Response: The respondent agrees with the finding. F.5. The use of closed circuit televisio~lf or arraignments is both a cost-savings and safety benefit as it keeps more deputies available for security purposes at the Public Safety Center. Response: The respondent agrees with the finding F.6. The annual mental health training appears to be beneficial. Response: The respondent agrees with the finding. F.7. The facility keeps appropriate records regarding any discharge of weapons. Response: The respondent agrees with the finding. F.8. The video monitoringlrecording system needs to be capable of recording continuously Response: The respondent agrees with the finding. Stanislaus County Public Safetv Center Recommendations:
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There is no indication in the meeting minutes that the District Board conducted the yearly independent audit of its financial standing mandated by California Government Code Section 26909 during the period studied by the Civil Grand Jury (2006 to present). The respondent agrees with the finding.
Related Recommendations (1)
R3
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Commission an independent audit of the District's finances pursuant to the provisions of California Government Code Section 26909. July 16, 2010 The recommendation has not been implemented, but will be implemented within the next 12 months. Government Code 26909 requires all special districts to submit a copy of their audited financial statement to the State Controiler's Office and to the County Auditor of the county in which the district is located. We will work with the District to ensure their compliance with California Government Code Section 26909. *bJ& Larry D. augh - C: Honorable William O'Brien, Supervisor District 1 Honorable Vito Chiesa, Supervisor - District 2 Honorable Jeff Grover, Chairman Board of Supervisors - District 3 - Honorable Dick Monteith, Supervisor District 4 - Honorable Jim DeMartini, Supervisor District 5 Rick Robinson, Chief Executive Officer STANISLAUCSO UNTYPR OBATIODNE PARTMENT 2215 Blue Gum Avcnuc Modesto, CA 95358-1097 Telephone: 209.525.5400 Facsimile: 209.525.4588 JERRY POWERS ChrefProba!ro~i( Nicer June 25,2010 The Honorable Jack M. Jacobson Presiding Judge Superior Court Stanislaus County - PO Box 3488 Modesto, CA 95353 Dear Judge Jacobson: On June 25,2010 the Stanislaus County Civil Grand Jury forwarded their report on Case #lo- 47GJ detailing their findings and recommendations following annual inspection of custodial facilities in the county as mandated by California Penal Code Section 919(b). Thank you for the opportunity to respond to the comments and recommendations of the 2009- 2010 Civil Grand Jury. The Juvenile Hall is inspected by a variety of agencies each year. We understand the value of having an external set of eyes to review the conditions and practices of our facility. RESPONSE TO FINDINGS The following is the Probation Department's response to the findings related to the Juvenile Detention Center. I. Finding: The jacility seems to he well-muintained and orderly. Response: The department agrees with this finding. 2. Finding: The kitchen crnd dining cirecr uppeared clean cmd atleyzrute Response: The department agrees with this tinding. Administration .Adult Division Juvenile Division Juvenile Institution 2215 Blue (;urn Avenue 801 1 Ith Street. Suitc 22 15 Blue Gum Avenue 2215 Blue Gum Avenue Modesto. CA 95358- Bl00 I\lodesto, CA 95358- Modesto. CA 95358- 1097 Modesto. CA 95354 1097 . 1 .0 97 Telephone: Telephone: 'Telephone: l elephone: 209.525.4598 209.567.4 120 209.525.5400 209.525.4580 Facsimile: 209.525.5486 Facsimile: 209.567.4 188 1:acsimile: 209.525.4588 1:acsimile: 209.525.5469 June 25,2010 The Honorable Jack M. Jacobson I. Finding: The,facility is jirlly stufled, buufi~ceas possible 5% bi~dgert edttction and the implernentcrtion ofemployee,firrlolrghc iay,s. A.fina1 decision on these iss~re.sw ill be mc~ciea t the end of June 2010. Response: The department agrees with this finding. Prior to the approval of the 2010-201 1 Proposed Budget by the Board of Supervisors, the department was prepared to reduce the number of available beds by 30, reducing the capacity from 158 to 128 beds, as the result of a 9% reduction in funding. However. during discussions between the department and county Chief Executivc Office staff, additional funding was identified to offset the propose reduction of the County General Fund contribution. We are optimistic that this revenue, along with transfers from other departmental budget units and the implementation of employee furlough days will allow the department to maintain the full capacity of the facility. The facility is currently fully staffed using a combination of full time and part time staff. 2. Finding: Drastic rec/~~ctioni.ns civaiiuhle overtime will present u challenge in .ftrrloligh implementation, which ntay lead to early release of minors dire to st@ 1iniitution.s. Response: The department partially agrees with this finding. The facility population is frequently at or above the rated capacity, thus necessitating early release of minors. The reduction in overtime and the implementation of furloughs may necessitate additional releases, however at this time due to fluctuations in population it is not certain that additional early releases will be required. 3. Finding: Both inmate grievances cmdptrblic complaints uppem to be handled properly. Response: The department agrees with this finding. 4. Finding: 13e.fbcilities are inspected periodically in accoru'rmce ~vithS tate reyuiretwents. Response: The department agrees with this finding. June 25.2010 The Honorable Jack M. Jacobson 5. Finding: The video rnonitoring~recordings ystem needs to he ccipcible of recording continuolr.sly. Response: The department disagrees with this finding. In May 20 10, the department completed installation of an expanded video monitoring system. 'The system is designed to record all cameras continuously and when activated to archive those recordings.
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The medical and dental service appears to be adequate. Response: The respondent agrees with the finding. Stanislaus Countv Main Jail Recommendations:
Related Recommendations (1)
R4
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Upgrade the video monitoring/recording system. Response: The respondent agrees with the finding. During the Grand Jury visit, our large Pelco Monitor was being replaced and we were using a smaller screen in the interim. It is still under warranty. We plan on installing more fixed The hlonorable Jack M. Jacobson June 30,20 10 Re: Response to Civil Grand Jury Report 10-47GJ cameras, primarily focusing on the Waste Water Treatment Plant, as well as a couple of other locations. We appreciate the time the Civil Grand Jury has devoted to inspecting our facilities and operations. Please extend my appreciation to the 2008/2009 Civil Grand Jury for their work. AEAM CHRISTIANSON Sherif'f-Coroner cc: Supervisor Jeff Grover, Chairman Stanislaus County Board of Supervisors Diane A. Sol, Foreperson Stanislaus County Civil Grand Jury Richard W. Robinson, Chief Executive Officer Stanislaus County
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The Board appeared to lack knowledge of the exact number and type of customers located within the District, and there appeared to be confusion as to the proper billing practices for the different types of customers. Response: The Board of Supervisors is unable to respond to this finding.
Related Recommendations (1)
R5
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Perform an inventory which classifies residential, commercial and educational customers; and set fees in accordance with standard practices for each classification. Response: The Board of Supervisors is unable to respond to this finding.
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It appeared that non-bonded employees were accepting bill payments in the District's off ice. Response: The Board of Supervisors is unable to respond to this finding. Consideration and Approval of Response to the 2009-2010 Stanislaus County Civil Grand Jury Final Report
Related Recommendations (1)
R6
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Investigate the possibility of customers paying their service fees at a local financial institution instead of at the District Office. Alternative, require that any District employee accepting service fee payments at the District Office is bonded. Response: The Board of Supervisors is unable to respond to this finding.
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The previous Board did not prudently handle the District's business affairs, as evidenced, at least partially, by the present Board's decision to forego compensation until the District's financial position improves. Response: The Board of Supervisors is unable to respond to this finding. Under the provisions of California Penal Code Section 933 the Empire Sanitary District is required to respond on the matters under their authority and jurisdiction.
Related Recommendations (1)
R7
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Conduct District business affairs in an ethical, professional manner including the following: Review the California State Statues regulating special districts. Receive training and up-dated information regarding the Brown Act once a year New Board members should, upon taking office, be provided with a copy of the Brown Act and training as to its requirements. Consistently retain legal counsel. While it may not be necessary to have an attorney attend each Board meeting, the Board should have one available for closed meetings or discussing matters of a legal nature, such as sewer rate increases. Explore associating with similar special districts for information regarding problem solving, billings and other matters common to such special districts. Pursue grant monies for system upgrades though Stanislaus County and the State and Federal Governments. Consistently maintain a Board of 5 members. Response: The Board of Supervisors is able to respond to, "Consistently maintain a Board of 5 members." Pursuant to California Government Code Section 1780, vacancies on the Board can be filled by a quorum of remaining directors ; by the Stanislaus County Board of Supervisors between 60 and 90 days; and by election after 90 days. The Board of Supervisors tracks the vacancies for Special Districts and makes every effort to fill these vacancies with eligible candidates within the legal time frame. Consideration and Approval of Response to the 2009-2010 Stanislaus County Civil Grand Jury Final Report Civil Grand Jury 2009-2010 Case No. 10-11 C (Turlock Rural Fire District) The Turlock Rural Fire District is an independent Special District. Special Districts are entities in and of themselves; the Board of Supervisors does not have any authority of the policies and procedures of Special Districts. As a result, the Board of Supervisors is unable to comment on some of the recommendations and findings contained in the Civil Grand Jury's Reports as the Board of Supervisors has no previous knowledge on which to base a response. The Board of Supervisors is able to provide response on Case #0I- 11 C , Turlock Rural Fire District.
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The video monitoringlrecording system needs to be capable of recording continuously. Response: Agree.
No recommendations for this finding