San Benito County Grand Jury • 2004-2005

2004 / 2005 San Benito County - Civil Grand Jury Report*

Published: June 30, 2005 103 pages
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Findings and Recommendations 9 findings

F1
The Hollister Police Department should continue with its gang prevention and suppression strategies. The Chief of Police should pursue funding of his crime prevention position/programs and a full-time gang suppression team. A multi- jurisdictional team (Hollister Police, San Benito County Sheriff, and San Benito County Probation Department) would likely be optimal due to the size of the county.
Related Recommendations (1)
R1
Preparing and Mailing Ballots: a. An isolated area within the elections office should be provided for the purpose of proofreading ballots prior to final submission for printing. The area should be separated from where the day-to-day operations are being conducted, and free from disruptive intrusions such as telephones. The area provided must be well-lighted, and provide sufficient work surfaces for at least two proofreaders to perform their duties simultaneously, without interfering with each other. It is further recommended that a minimum of two proofreaders be utilized and that one of them be a person who was not directly involved in drafting the original ballot. Provisional and Absentee Ballots:
F2
The Hollister City Council should make every effort to cooperate and find appropriate funding for the police departments prevention programs and fund a full time gang suppression team. The ever-increasing gang problem in San Benito County should be addressed and fully funded by city government, sooner rather than once it has reached epidemic levels. The Sheriff's Department of San Benito County did not provide any detailed
Related Recommendations (1)
R2
Poll workers must be provided with a set of clear and concise instructions a. regarding the utilization of provisional ballots and describing common circumstances 11 that would dictate their use. Case studies and examples of various situations should be used in training sessions, and provided in writing to familiarize poll workers with the use of provisional ballots. Poll inspectors should be given expanded training in this area to ensure consistent application of provisional ballot procedures throughout San Benito County. The current training outlines should be expanded to cover the provisional ballot training. b. The County Clerk / Registrar of Voters should implement procedures to ensure that the provisions of Elections Code Sections 3011 and 3017 are enforced. When a person returns an absentee ballot in person, positive identification should be presented to verify that the person returning the ballot is either the voter to whom the ballot was sent, or the person designated by the absent voter to return the ballot. When a designated person returns the ballot, the signature of that person should be verified. The requirement for identification should be posted at all voting locations. . . c. The County Clerk and the Elections Office staff should take steps to verify the consistent application of poll procedures, rules and regulations through the use of trained roaming observers. This will help identify areas where additional training is required and where instructions or procedures need to be clarified in order to meet voter needs. d. The elections office should notify the local media that the absentee ballots must be received prior to the polls closing on Election Day, regardless of when they are mailed. A notice to this effect should also be inserted into the absentee ballot mailing. The insert should also specify the amount of postage required.
F3
information to the grand jury regarding its strategies. Based on the lack of information provided, the Sheriff's Department should embrace the gang problem and develop a detailed and formal Gang Prevention, Intervention and Suppression strategy. Once the plan is formulated it should be implemented. Additionally, The Grand Jury observes that the Sheriff does not take part in the Gang Task Force Advisory Board. The Sheriff's Department needs to become involved in this important community effort and play a role in finding answers to the gang problem. The Grand Jury recommends the 2005-2006 Grand Jury follow-up on the Sheriff Department's progress.
Related Recommendations (1)
R3
Maintaining Voter Registration Roles The following recommendations may be evaluated individually or as a set for applicability to San Benito County and implementation. The elections office should evaluate the possibility of obtaining local utility reports of a. both new and terminated residential connections initiated at the request of the resident. Such reports could be cross-referenced to the voter rolls and a voter registration application, or an 8D2 card could be mailed, as appropriate. The utilities that could be requested to cooperate include P'G & E, City/County Water Districts, Waste Disposal and SBC/AT&T phone services. If such an arrangement is feasible, it would permit the elections office to update the rolls continuously during the year rather than during the 90 days preceding an election. b. The Elections office should utilize the National Change of Address (NCOA) service as described in Section 2221 of the California Elections Code. San Benito County Elections Office staff should contact neighboring counties to c. 181 determine if they use procedures for maintaining voter rolls that could benefit San Benito County. The San Benito County Clerk should send a letter to the Postmaster in Hollister, and to d. the Post- master General requesting that the standard U.S. Postal Service Change of Address packets be modified to include a notification card specifically for local election boards or elections offices. The Elections office should issue a quarterly report to the Board of Supervisors e. providing: (1) The number of voters registered at the start of the quarter; (2) The number of new voters registered during the quarter; (3) The number of voters deleted from the rolls; (4) The number of voters changing addresses within the County; (5) The number of registered voters at the end of the quarter. This report would provide the Board of Supervisors current information and improve accountability for maintaining accurate voter rolls. Training:
F4
The San Benito County Probation Department should also continue with its gang strategies. As mentioned in the body of this report the Probation Department has a number of talented Probation Officers who possess a good working knowledge of gangs and gang trends. The Probation Department should pursue with local law enforcement a position within any gang suppression team that may be formed in the future. The Probation Department should pursue additional funding from the Board of Supervisors and research potential grants that would enable them to further address the gang problem. 1
Related Recommendations (1)
R4
Training for new poll workers needs to be expanded to 3-4 hours. More detailed written a. training guidelines need to be established and procedures practiced in mock situations. Additional training should focus on the handling of absentee ballots and procedures covering provisional ballots. Poll workers and poll inspectors must receive increased training, along with written instructions and guidelines regarding the acceptance of completed absentee ballots at the polling place and the requirement to comply with the sections of Elections Code sections 3011 and 3017. Veteran Poll workers should be given a test to determine the level of training needed. b. Those achieving a satisfactory score, as determined by the Registrar of Voters, would only have to attend an abbreviated refresher training course that would include any new laws or Workers not regulations enacted and any expanded training not previously offered. achieving a satisfactory score would be required to attend the entire "New Poll worker" training. Additional Poll Inspector training is also recommended. Poll inspectors must first be c. qualified as poll workers and pass the "Veteran Poll Workers" examination. Poll inspectors must then be trained to become proficient in interpreting and applying rules and procedures covering both receipt of Absentee Ballots and the issuing of Provisional Ballots. Mock situations should be studied and discussed to ensure a universal understanding of the material. Poll inspectors must be capable of explaining the reasons for procedures to voters who may feel they are not being treated fairly. Roaming poll observers could also be trained as poll inspectors to assist the Elections Office in maintaining consistency throughout the county. A "Veteran Poll Inspector" examination should also be considered. 1 1 d. Detailed, written training guidelines should be established for each permanent position on the Election's Office staff. Initial guidelines should be developed by the staff in concert with their respective supervisors, and approved by the County Clerk. The County Clerk should ensure that the San Benito County Elections Office take maximum advantage of election work-shops offered by either the State of California or the Federal Government.
F5
The San Benito County Board of Supervisors should support and fund additional resources requested by the San Benito County Probation Department in its efforts toward gang prevention, intervention and suppression. The Grand Jury recommends that 2005- 2006 Grand Jury follow-up with this issue.
Related Recommendations (1)
R5
Elections Office Administration: The County Clerk and the Elections Office staff should develop written "Duties and Responsibilities for all permanent Elections Office staff positions, including consultants and poll inspectors. These written "Duties and Responsibilities" must clearly identify areas of accountability and those actions requiring final approval from higher authority. These documents will also serve as a set of job requirements, which can assist supervisors in preparing performance evaluations.
F6
The San Benito County District Attorney's Office should continue its efforts prosecuting gang members pursuant to section 186.22 of the Penal Code. The District Attorney is in need of additional attorneys to handle an ever-increasing caseload of criminal cases pending prosecution in San Benito County. The Grand Jury is aware that the District Attorney has, in the past and is currently seeking, additional funding from the San Benito Board of Supervisors. This additional funding is paramount to a successful gang suppression effort.
Related Recommendations (1)
R6
Voting System Modernization: The County Clerk must ensure that a formal implementation plan is developed for a. introduction of the new voting machines and touch screen panels. This plan should be developed in cooperation with the San Benito County Board of Supervisors and include all funding requirements, implementation milestone dates and action items assigned to appropriate County departments. b. A comprehensive training plan must also be developed in parallel with the implementation plan. The training plan should include in-depth training for all Elections Office staff, poll workers and poll inspectors. Training must also be provided for county residents in a coordinated manner. Voter training should be offered at the County Elections Office, and other public venues, as necessary, commencing no later than 90 days before the 2006 election. Special mobile training sessions on the touch screen displays for elderly or disabled voters should be provided through civic organizations at locations accessible to citizens with special needs. At least one poll worker at each poll should be trained to provide touch screen voting instructions on Election Day.
F7
The San Benito County Board of Supervisors should support an increase in staffing for the District Attorney Office. Although budgetary issues abound within the county, public safety should be a primary concern for the Board of Supervisors. The alarming rate of gang-related crime occurring within San Benito County is a real threat to public safety. The Grand Jury recommends that the 2005-2006 Grand Jury follow up with the Board of Supervisors progress of funding in this area The Grand Jury found that the extent of gang prevention and intervention varied from
Related Recommendations (1)
R7
It was not clear if the county and city staffs were well versed in what they should do if there were a fire or other emergency in their building.
F8
school to school and district to district. Little formalized programs were in place to educate students about the hazards of gang lifestyle. No formal programs exist that provide meaningful information or training to parents relating to gang prevention or identification. The Grand Jury recommends that the Hollister School District, San Benito High School, San Benito County Office of Education, Aromas - San Juan Unified School District address this issue and develop a plan to approach this issue. The Grand Jury recommends that the 2005-2006 Grand Jury follow-up with each school district.
Related Recommendations (1)
R8
The one school fire drill that we witnessed showed a lack of staff understanding of how the process should work. We saw no attendance being taken and in the case of one of the staff members, they were not aware that a fire drill was in progress.
F9
Local community groups such as LULAC and the YMCA have made it clear that they want to help address the gang issue within San Benito County. All involved in addressing the gang problems within the county should take full advantage of the resources these groups have to offer. The Grand Jury encourages other local groups, private schools, religious organizations and all citizens to get involved, volunteer and take a stand against gang violence. __AFFECTED AGENCIES Hollister Police Department San Benito County Sheriff's Office San Benito County Probation Department San Benito County District Attorney's Office Hollister City Council San Benito County Board of Supervisors Hollister School District San Benito County Office of Education Aromas- San Juan School District San Benito High School and Board of Trustees RESPONSE REQUIRED California Penal Code Section 933 requires that a response to the recommendations found in this final report be delivered to the Presiding Judge of the Superior Court within 90 days of the receipt of the report. See of this report. Exhibit "A" An Overview of Street Gangs And Public Agencies and Programs of San Benito County INTRODUCTION One of the 2004-2005 Grand Jury's top priorities continues to be maintaining focus on the enormous street gang problem concerning the populous of San Benito County. During the past several years, momentum has continued to build with law enforcement, community groups and many concerned citizens, who all are striving to bring the gang issue under control and prevent our youth from participating in gangs. The Grand Jury applauds and encourages the City of Hollister Gang Task Force Advisory Board for its recent efforts to involve the community and develop a successful strategy to combat the street gang issue. These community meetings help educated and encourage input from the community. Success of this effort depends largely on community involvement and participation. The Hollister Gang Task Force Advisory Board meets every fourth Wednesday at 5 PM at the Hollister City Council Chambers. The public is encouraged to attend. In an effort to understand the scope of the criminal street gang problem, review countywide law enforcement approaches and identify resources presently available to combat gangs. The 2004-2005 Grand Jury developed a questionnaire that was sent to Law Enforcement, Schools and Community groups identified as leading participants in developing solutions to the street gang problem. The Grand Jury found that the groups questioned are moving in many positive directions in an effort to address this very serious problem plaguing our community. The Grand Jury also discovered some areas of concern and hope by approaching these shortcomings. All involved will make positive steps forward to correct them. Before the Grand Jury discusses the results of the questionnaire we felt that an overview of gangs may be of assistance. I. Gang Awareness A. What is a criminal street gang? Criminal street gangs means any ongoing organization, association, or group of three or more person, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts enumerated in paragraphs (1) to (25), inclusive, of subdivision (e) having a common name or identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal activity. (Section 186. 22(e) of the California Penal Code) Effective September 23, 1988 Penal Code Section 186.22 was enacted as part of the Street Terrorism Enforcement and Prevention Act, also known as S.T.E.P. Act which intends "to seek the eradication of criminal activity by street gangs by focusing on patterns of criminal gang activity and upon the organized nature of street gangs." (Section 186.21 of the California Penal Code) The enactment of the S.T.E.P Act gave law enforcement and prosecutors an additional tool by which to incarcerate gang members for longer periods of time by filing enhancements to crimes committed by gang members. B. Overview of gang identifiers and colors San Benito County gang members align themselves either with "Northern" or "Southern" Hispanic Street gangs. Often times using the number or letter "14" and "13." Below is an overview what these numbers mean and how that came about. Street and prison gang members from Northern California began to use the number 14 as an identifier. It represents the 14th letter of the alphabet, the letter "N." The letter stands for Norteno, the Spanish word for northerner. The term Norte was used to show that a person was from the north. Individuals from Southern California were automatically considered rival, both inside and outside the prison and on the streets. Often gangs members tattoo themselves with the number "14" or the word Norteno/Norte along with the name of their gang. Southern California gang members began using the number 13 as an identifier. The 13th letter of the alphabet is the letter "M." and the word for the this letter in Spanish is "Eme." Southern California members started using words like sureno, which means "southerner." Often, this term was abbreviated as sur/SUR. Gang members also started to tattoo themselves with the number 13 and with the terms Sureno or Sur along with the name of their gangs. Often you may see gang members wearing the colors red or blue. This includes shirts, belts, hats, shoestrings or other items of clothing that have the color red or blue somewhere on the clothing item. Below is a brief explanation of why this occurs. Inmates in the state prison system were given bandannas in a railroad print, and could select from two colors-red or blue. Hispanic street and prison gangs from northern California claimed the color red to identify themselves. They used this color because most of the southern California Hispanics in state prison had chosen to wear a blue- colored railroad handkerchief. These colors are still "claimed" by gang members in San Benito County and the State of California. C. Why do young people join gangs? Young people join gangs for many different reasons, including low self-esteem, peer pressure, protection, the excitement of gang activity, fear they instill in others, attention, financial benefit, family tradition, to identify with prison gangs, and the lack of awareness of the hazards involved. However, the Grand Jury found the following four factors provide an excellent job of summation. First; youth experience a sense of alienation and powerlessness because a lack of traditional support structures, such as family and school. This can lead to feelings of frustration, anger, and a desire to obtain support outside of traditional institutions. Second; gang membership gives youth a sense of belonging and becomes a major source of identifying for its members. In turn, gang membership affords youth a sense of power and control, and gang activities become an outlet for their anger. Third; the control of turf is essential to the well-being of the gang, which often will use force to control both its territory and members. Finally, recruitment of new members and the expansion of territory are essential if a gang is to remain strong and powerful. Both "willing" and "unwilling" members are drawn into gangs to feed the need for more resources and gang members Taken together, these four factors interact to produce gangs that become powerful and ruthless as they work to maintain and expand their sway over territory and youth. (William Gladden Foundations, 1992) D. Signs of gang activity and involvement Prevention is an important key to controlling gang activity within the community. It is important for all of us to learn the warning signs of gang membership in order to better direct children away from involvement. It is important to note that many of the following indicators may be "innocent" by themselves, but when put together they may be a strong signal of gang involvement. Changes in the child's behavior ٠ Not associating with long time friends and being secretive about new friends and activities Changes in hair and/or dress style and/or having a group of friends who have the same hair or dress style
Related Recommendations (1)
R9
Previous Grand Jury recommendations were followed up and are considered closed. RECOMMENDATIONS

Additional Recommendations 3

These recommendations are not explicitly linked to specific findings.

Conclusions 10

* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.