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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.
⚠️ 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.
Findings 11 findings
F1
Page 27
CHW needs to work on its’ customer service in ER, marketing and the appearance of the present facilities.
F2
Page 27
Physicians need to understand the county’s financial position and work for a better tomorrow.
F3
Page 27
Greater community involvement.
F4
Page 27
The County needs to help educate IHCP (MAP) clients better so they might utilize clinics instead of the ER in non emergency cases.
F5
Employees were removing DRMS equipment from the college premises with and without permission. The respondent disagrees with the finding on the basis of lack of information. • However, proper procedure for removing equipment from college premises will be • reviewed with all department employees.
F6
DRMS equipment is stored in an old trailer that is rusted, packed beyond capacity, and unprotected from the elements. The current storage situation is unsafe for employees to access equipment. There are tents that are being stored outside completely exposed. Lack of use and maintenance is causing the equipment to deteriorate. Respondent agrees with the finding. •
F7
Merced College police are not authorized to issue moving violations at this time. They continue to issue parking citations. Respondent agrees with the finding. •
F8
There has been inadequate supervision and support for the employees of the Merced College Police Department for a variety of reasons. In the past, the MC Police Department staff did not believe they had effective communication with supervisors, management and administration. Respondent agrees with the finding. •
F9
Extra help employees are not issued parking permits. They must pay the $1 daily fee or the $20 semester fee to park their automobiles. Respondent agrees with the finding.
F10
Recommendation: Dr. Johnson should report verbally and in writing to the Board of Trustees monthly regarding the progress at the MC Police Department. The recommendation requires further analysis. • The Board will determine who is responsible for progress reports as appropriate within • six months.
F11
Recommendation: Extra help employees should be issued parking permits on a semester basis. This alleviates the need for them to pay the daily or semester parking fee. The recommendation requires further analysis. • The district will review this issue and take appropriate action within six months. • Grand Jury Follow-up: There was little information given as to the type of analysis needed in order to implement the
Recommendations 12
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R1Page 18CHW needs to work on its’ customer service in ER, marketing and the appearance of the present facilities.
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R2Page 18Physicians need to understand the county’s financial position and work for a better tomorrow.
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R3Page 18Greater community involvement.
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R4Page 18The County needs to help educate IHCP (MAP) clients better so they might utilize clinics instead of the ER in non emergency cases.
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R5This writer concurs with the information in Finding Five.
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R6Finding Six notes that the “west wing was built in 1984 and is the most up to date.” As clarification the most recently built and up to date wing would be south wing II. Relative to the other three wings (south I, east and west) all have up to two rooms with toilets, however the other rooms without toilet or sinks require that minors be taken to a central restroom facility. This will not be the case in the new facility where each room has a toilet, sink and drinking fountain.
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R7This writer concurs with the information in Finding Seven.
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R8The information contained in Finding Eight is accurate.
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R9This writer concurs with the information in Finding Nine.
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R10This writer concurs with the information in Finding Ten.
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R11This writer is convinced and hopes the information in Finding Eleven will prove to be true. Only operation of the new facility will bear this finding out. Recommendations
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R04-03& 03-04-02 The Grand Jury made recommendations for the County Executive Officer to avoid excess waste and for the Board of Supervisors to ensure their travel is necessary and justifiable and to keep in mind that they are elected officials whose job is to serve the people of Merced County. The County Executive Officer responded to the Grand Jury recommendations. The Board of Supervisors remains committed to preserving the County’s stability by ensuring that all spending is appropriate and that unnecessary waste is avoided. Board members will continue to be fiscally responsible by evaluating the necessity of all travel and always keep in mind their role in serving their constituents when discussing and making decisions that affect the County. In addition, The Grand Jury also investigated the closing of the Central Duplicating department and their findings reported that there was justification in closing the department. The Board concurs with the findings of the Grand Jury that the closing of the department was necessary. The Board appreciates the Grand Jury’s commendation to County employees for their efforts to ensure appropriate expenditures within their departments. HUMAN SERVICES AGENCY – COMPLAINTS 03-04-09 & 02-03-08 51 The Grand Jury made recommendations that Child Welfare Services comply with the mandated rates for foster families, that proper monitoring is provided to ensure the appropriate use of funds, that more people be employed to improve response times, that a training be hosted to include various mandated reporters, that communication be facilitated between their agency and mandated reporters, and that school districts are provided assistance in scheduling and providing training to mandated reporters on a yearly basis. The Human Services Agency has responded to the recommendations. Child welfare and safety is a priority of the Board. The Board supports the agency’s efforts in advocating for a different state rate payment schedule. Agency staff training will include guidelines for various checks to ensure physical and material needs are met. In addition, on June 11, 2004, the Board approved the addition of nine employees to the Child Welfare division to provide better response to the community. A number of other measures are being taken by the Human Services Agency which includes taking the lead role in facilitating and sponsoring a children’s summit, publishing and distributing a booklet on sexual abuse, developing a program to improve communication and education regarding the issue of sexual abuse, working with Mental Health to develop a therapeutic foster parent program, working with the Foster Parent Association to improve relations and boost recruitment efforts, meeting with law enforcement officials for cross training of staff, and meeting with the educational community to improve collaborative efforts. Due to laws governing confidentially of some child welfare information, all information cannot be communicated and thus staff may sometimes appear unresponsive. Although many responses have been via telephone, staff now responds in writing in order that proper documentation is available. Although the employer of record is the entity responsible for training their own mandated reporters, the Board encourages Human Services Agency to assist school, where feasible, with appropriate training and assessments for mandated reporters. The Board appreciates the Grand Jury’s commendation to the Child Welfare Services for developing a Human Services Agency Profile 2003/2004, for providing training to teachers at the school sites and for sponsoring and participating in the Merced County Children’s Summit. OTHER ISSUES Under the section relating to various other concerns of the Grand Jury, several recommendations were put forth that would save time, money, and better assist the Grand Jury in their duties. The recommendations included modifying the Merced County Grand Jury website to present important information to potential Grand Jury applicants, advertising in local newspapers to increase public awareness and to provide an avenue for prospective Grand Jurors to apply, to obtain a dedicated space to create and house essential handbooks, training manuals, policies and procedures of various county departments, past Grand Jury reports, and other resources, to facilitate a dedicated phone line and email address to improve the public’s communications with the Grand Jury, to update all the forms used by the Grand Jury and provide the forms on the Merced County Grand Jury website for download, and to increase the budget allocation for printing and distributing the final report. The Board of Supervisors is committed to ensuring that the Grand Jury is provided with the resources necessary to effectively perform their duties. To improve accessibility, the Information Systems Department has created an e-mail address specifically for use by the Grand Jury, has made available various new forms and the 2002/2003 and 2003/2004 Grand Jury Reports on the Merced County website, and has provided the Grand Jury Foreperson with a cellular phone. Grand Jury Follow-up: Grand Jury accepts the response. MERCED COUNTY SHERIFF’S DEPARTMENT SANDY MUSH CORRECTION FACILITY MANDATED INSPECTION Grand Jury recommendation: The Sheriff should work with the Board of Supervisors to have additional funds allocated for operational expenses. The Grand Jury recognizes that there are County-wide budgetary concerns, but the Sheriff and the Board should exercise diligence and creativity in pursuing alternate funding sources, including seeking federal, state, and private grants. Overcrowding has peaked to a crisis level. It is beyond our comprehension that ill inmates are sleeping on the floor while others are sleeping in the shower. A committee should be formed to generate a plan to build on to the existing facility and finance the project. Staffing should be a priority. Many concerns could be resolved if there was sufficient staff. Adequate staff, including female correctional officers, should be hired and maintained to avoid any further staffing crises. A portion of the funds expended to pay overtime could be used to cover the cost of additional employees. Another officer should be assigned to the work furlough program to assist with onsite supervision. The employer should not be solely responsible for the supervision of the furloughed inmates. There should be a more secured area for prisoner visitation. All panels on cell doors in the maximum-security area should be repaired or replaced. Random cell searches should be routinely conducted. A camera should be installed at or near the intercom just outside of the entrance. This will allow the staff inside the facility to view visitors at all times before entry. There is an existing camera monitoring visitors near the entrance. Once they enter the foyer, staff cannot see them. They can only be heard through the intercom. Bulletproof glass should be installed between the reception area and the receiving officer. A law library should be considered, because the new Juvenile Hall facility will be opening soon, where court sessions will be conducted. The Board of Supervisors should make annual visits to the facility. The Sheriff should conduct monthly staff meetings with the correctional officers at the facility. Commendations: Management and staff showed great concern in regards to the existing problems they face on a daily basis. Many employees work countless hours of overtime to meet the demands of staffing levels. The facility maintains a clean environment. Even with staffing issues and overcrowding, the facility works hard at maintaining organization. Response: Grand Jury Follow-up: MERCED COUNTY JUVENILE DETENTION CENTER Mandated Inspection Grand Jury recommendation: Vocational Training needs to be incorporated into the curriculum. Demolish the current facility. It is outdated and would cost a considerable sum to refurbish. Commendations: The Chief Probation Officer and Division Manager have educational credentials appropriate for their positions. The department functions well even at minimal state staffing levels. Several members of the Grand Jury attended the grand opening of the new facility. The department is commended for making the construction of such a wonderful facility a priority and for completing it in a timely manner. Response: Contained within the Grand Jury’s Report is a section on the mandated inspection of the Merced County Juvenile Detention Center, otherwise known as the Juvenile Hall. That report contains eight “Findings”, relative to the current Juvenile Hall, eleven “Findings”, relative to the new Iris Garrett Juvenile Justice Correctional Complex, and two “Recommendations”. Following is this Department’s response to these “Findings” and “Recommendations”, as required pursuant to sections 933 and 933.05 of the California Penal Code. Below, each of the “Findings” relative to the current and new facility will be responded to in the order in which they were presented in the Grand Jury’s Report with comment on the two “Recommendations” made by the Grand Jury. AT the outset of the report it is mentioned that juveniles are under the age of 18 and are classified as “status offenders”. This in part is true in that being under the age of 18 gives them the status of juveniles. However, Probation Departments, when referring to status offenders are usually referring to Welfare and Institutions Code section 601 minors who are described as runaways, out-of-control or truant minors. By virtue of this description there status imparts their crime and if they were adults they could not be in charged with any wrong doing. Findings – Juvenile Hall 1. Finding One, is accurate with reference to the current facility and it’s condition. 2. As clarification to Finding Two, it is important to note the rated capacity of 42 for the Juvenile Hall is set by the State board of Corrections. The maximum capacity of 50 was set by this writer in consultation with the Superior Court Judges and takes into account the safety of both 54 the employees who work at the facility, the minors incarcerated therein, and the requirements set forth in the California Administrative Code. The staffing ratios are correct at noted. 3. Finding Three is accurate relative to minors going through the court process. It is also correct that most youngsters serve only one third of any court ordered commitment at the facility, the remaining two thirds of the commitment is served at home on an electronic monitoring program or in an alternative program. 4. This writer concurs with the information in Finding Four. 5. This writer concurs with the information in Finding Five. 6. Finding Six notes that the “west wing was built in 1984 and is the most up to date.” As clarification the most recently built and up to date wing would be south wing II. Relative to the other three wings (south I, east and west) all have up to two rooms with toilets, however the other rooms without toilet or sinks require that minors be taken to a central restroom facility. This will not be the case in the new facility where each room has a toilet, sink and drinking fountain. 7. This writer concurs with the information in Finding Seven. 8. The information contained in Finding Eight is accurate. Findings – Iris Garrett Juvenile Justice Correctional Complex 1. Relative to Finding One it should be noted the total cost for the new Iris Garrett Juvenile Justice Correctional Complex was $23 million which included planning, assessments, Architectural fees, Engineering fees, Construction Management fees and the cost of actual construction. 2. As clarification to Finding Two, the new facility comprises 58300 square feet contained within three buildings. In addition, the “booking area” for law enforcement officers is not located off the main entrance, but in a secure location on the western side of the Administration/Intake building. 3. This writer concurs with the information in Finding Three. 4. This writer concurs with the information in Finding Four. 5. Finding Five refers to “10 self-contained living units”. There are in fact eight self contained living units or “pods”. Other information in this finding is accurate. 6. The information is correct in Finding Six. In addition, it should be noted this same area will provide parking for the Juvenile Court Commissioner and the entrance and area of delivery for minors being admitted to the facility by law enforcement officers. 7. This writer concurs with the information in Finding Seven. 8. At the time of the Grand Jury’s inspection the information in Finding Eight was accurate. However, as of this writing the dates for occupying and opening this new facility have changed. The Department took possession of the new facility on June 7, 2004, for the purposes of furniture set up. On June 21, 2004, the Department was given authorization to begin using the facility to conduct training, and therefore, the first week long training session with employees began. Those training sessions have been taking place every week since that date. It appears all is in order for the facility to begin operating in mid August 2004. At that time the Administration/Intake and first residential living unit will open for the purpose of holding youngsters in detention while they go through the Juvenile Court process. This residential living unit is rated by the Board of Corrections to hold 60 minors n detention. In January of 2005, it is now anticipated the first 30rooms of the second residential living unit will be opened and staffed allowing for minors to serve time on court ordered commitments and to provide the beginning for the new R.E.T.U.R.N. commitment program. This program will be aimed at youngsters who need time away from the community in order to restructure their lives before being released to attempt to live a delinquency free lifestyle. This program will be evaluated and adjusted to respond to the minors committed to it over the first six to nine months of its trial period. In September of 2005, it is anticipated this program will go fully operational. This will mean that the last 30 rooms in the second residential living unit will open bringing that building to a rated capacity of 60 rooms of which 15 will be used for short court ordered commitments and 45 will be used for the R.E.T.U.R.N. program. When fully operational the facility will house up to 120 minors. 9. This writer concurs with the information in Finding Nine. 10. This writer concurs with the information in Finding Ten. 11. This writer is convinced and hopes the information in Finding Eleven will prove to be true. Only operation of the new facility will bear this finding out. Recommendations 1. The information contained in Recommendation One has been forwarded on to the Director of the school program for the new facility. Planning for vocation education has been in the planning stages for some months with a component to hopefully allow practical application of the skills learned. 2. The disposition of the current facility will be made by the Board of Supervisors. Once all functions of the current facility are moved to the new Iris Garrett Juvenile Justice Correction Complex this Department will no longer occupy, operate or maintain the facility. Cc: Deidre Kelsey, Chairperson, Merced County Board of Supervisors Demitrios Tatum, County Executive Officer James Brown, Assistant County Executive Officer Grand Jury Follow-up: Grand Jury accepts the response. Merced County Human Resources Complaint # 03-04-14 Grand Jury recommendation: The Grand Jury recommends that applicants be informed that all questions will be rated equally. The Grand Jury recommends that Resolution # 91-32 be revised by the end of Fiscal Year 2005. Commendations: The Grand Jury commends the employees of the Department of Human Resources for their assistance and cooperation during this investigation. The Grand Jury commends Stephen Jones for supplying us with all requested documents in a timely manner. Response: Human Resources completed a review of the Merced County 2003-2004 Grand Jury Report and in response to the findings and recommendations for Complaint #03-04-14 are the following comments.
Commendations 63
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CM1 Page 3Verbal counseling and information kept in complaint file
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CM2 Page 3Finding: DRMS equipment is stored in an old trailer that is rusted, packed beyond capacity, and unprotected from the elements. The current storage situation is unsafe for employees to access equipment. There are tents that are being stored outside completely exposed. Lack of use and maintenance is causing the equipment to deteriorate. Respondent agrees with the finding. •
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CM3 Page 4Finding: Merced College police are not authorized to issue moving violations at this time. They continue to issue parking citations. Respondent agrees with the finding. •
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CM4 Page 4Finding: Extra help employees are not issued parking permits. They must pay the $1 daily fee or the $20 semester fee to park their automobiles. Respondent agrees with the finding. •
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CM5 Page 7Recommendation: Dr. Johnson should report verbally and in writing to the Board of Trustees monthly regarding the progress at the MC Police Department. The recommendation requires further analysis. • The Board will determine who is responsible for progress reports as appropriate within • six months.
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CM6 Page 7Recommendation: Extra help employees should be issued parking permits on a semester basis. This alleviates the need for them to pay the daily or semester parking fee. The recommendation requires further analysis. • The district will review this issue and take appropriate action within six months. • Grand Jury Follow-up: There was little information given as to the type of analysis needed in order to implement the
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CM7 Page 10Due diligence will be exercised in screening potential employees to ensure that they are qualified for the level of employment for which they are being considered. If any compliance issues are discovered, the issues will be addressed expeditiously, and the employee will be placed on administrative leave until the matter is resolved. In addition, the Police Department has developed a written policy regarding Reserve Officers entitled “Reserve Officer Guidelines” approved by the city council on August 3, 2004 and implemented on August 4,
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CM8 Page 16The police report addressing the incident.
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CM9 Page 16The Merced Police Department’s Citizens Complaint Procedure, Section 1020 handout detailing procedures for filing a complaint.
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CM10 Page 16The internal complaint files of the Merced Police Department covering a six month period.
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CM11 Page 16The pertinent parts of the “The Public Safety Bill of Rights” and the department complaint policies. 06/02/05 The committee requested reports on a number of cases that were assigned incident numbers over a specified period of time. 06/03/05 Contacted the complainant to confirm information. DOCUMENTATION:
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CM12 Page 16MPD Form 19: Form the aggrieved community member fills out to initiate an investigation into the conduct or action of an officer.
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CM13 Page 16MPD Form 20: Form stating the Notification of Findings of complaint investigation which is filed upon completion.
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CM14 Page 28The Merced County Human Services Agency operated within legal guidelines.
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CM15 Page 28The policies and procedures manual had not been updated for approximately 10 years.
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CM16 Page 34Several recorded City Council Meetings.
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CM17 Page 34Letters of complaint from numerous city employees.
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CM18 Page 36Pay raises for A-level managers and elected officials, as well as their benefits and other perks.
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CM19 Page 36Public safety – notably jail overcrowding, early release of violent offenders, and the understaffing currently experienced at each facility. METHOD OF INVESTIGATION 4/13/05 The Grand Jury conducted separate interviews of Supervisors Kathryn Crookham, Deidre Kelsey, Mike Nelson, Gerald O’Banion and John Pedrozo.
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CM20Termination 43 • The complainant receives a letter from the chief of police after the investigation is completed. By law, (State Personnel Board Rule 52.3) the officer may request a Skelly Hearing if they disagree with the final result of the investigation or its consequences.
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CM21 Page 45The City of Merced has a population of 73,000. There are 81 sworn and 39 non-sworn officers. MPD offers some bi-lingual services in Hmong and Spanish. There are currently 5 sworn officers positions open.
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CM22 Page 45.Section 1020 relates to the following:
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CM23 Page 45The purpose of the procedure.
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CM24 Page 45The procedures for filing.
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CM25 Page 45The various types of dispositions: sustained, not sustained, unfounded, exonerated.
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CM26 Page 45Documentation of each finding.
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CM27 Page 45Corrective Actions taken and
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CM28 Page 45The Merced City Police department has revised their complaint procedures to allow for an informal resolution prior to filing a formal complaint.
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CM29 Page 45In 2004, there were 17 complaints, seven were generated by the public. This is a reduction from the previous year when 27 formal complaints were filed.
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CM30 Page 45Complaint form 19 is provided in English only.
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CM31 Page 45In order for a full investigation to be conducted, the complainant must submit an official complaint form. 45
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CM32 Page 54Finding One, is accurate with reference to the current facility and it’s condition.
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CM33 Page 54As clarification to Finding Two, it is important to note the rated capacity of 42 for the Juvenile Hall is set by the State board of Corrections. The maximum capacity of 50 was set by this writer in consultation with the Superior Court Judges and takes into account the safety of both 54 the employees who work at the facility, the minors incarcerated therein, and the requirements set forth in the California Administrative Code. The staffing ratios are correct at noted.
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CM34 Page 55Finding Three is accurate relative to minors going through the court process. It is also correct that most youngsters serve only one third of any court ordered commitment at the facility, the remaining two thirds of the commitment is served at home on an electronic monitoring program or in an alternative program.
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CM35 Page 55This writer concurs with the information in Finding Four.
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CM36 Page 55This writer concurs with the information in Finding Five.
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CM37 Page 55Finding Six notes that the “west wing was built in 1984 and is the most up to date.” As clarification the most recently built and up to date wing would be south wing II. Relative to the other three wings (south I, east and west) all have up to two rooms with toilets, however the other rooms without toilet or sinks require that minors be taken to a central restroom facility. This will not be the case in the new facility where each room has a toilet, sink and drinking fountain.
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CM38 Page 55This writer concurs with the information in Finding Seven.
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CM39 Page 55The information contained in Finding Eight is accurate. Findings – Iris Garrett Juvenile Justice Correctional Complex
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CM40 Page 55This writer concurs with the information in Finding Nine.
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CM41 Page 55This writer concurs with the information in Finding Ten.
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CM42 Page 56This writer is convinced and hopes the information in Finding Eleven will prove to be true. Only operation of the new facility will bear this finding out.
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CM43 Page 62Finding: Merced College Police Department collected money for fingerprinting. There was no proper documentation regarding receipts of money, which led to an unclear audit trail. There was no consistent use of the receipt books. In 2000, the police department used three-part receipts with six digit sequential numbers. The receipts contained the customer’s name and address. The badge number or employee number of the officer was indicated. The receipts were dated with quantity and total charges. During 2001 and 2002, the receipt books changed. There was no sequential number on the receipts. The demographics were vague. In 2003, the majority of the receipts 62 viewed did not have a customer name, address, or signature of receiving officer. An un-cashed check dated from a previous year was found in the box of the receipt books. Respondent agrees with the finding. •
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CM44 Page 63Finding: Currently, there is no accounting policy at Merced College. Respondent agrees with the finding with respect to the police and security department. •
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CM45 Page 63Finding: Inappropriate corrections were made on police employee’s time cards. Employees were instructed to use compensatory time during the week following that in which it was earned. The respondent disagrees with the finding on the basis of lack of information. • Nonetheless, all MC Police Department employees will be instructed as to proper • procedure for completion and changes on employee time cards. Employees will indicate prior to accruing overtime if that time will be taken as compensatory time.
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CM46 Page 63Finding: The police department had access to Defense Reutilization and Marketing Service (DRMS). This service offers military excess equipment at no cost. This equipment includes various items such as riot gear, all weather clothing, gas masks, and body armor. There is no policy regarding this equipment nor who has access to it. Many items were assigned to employees. There is no tracking system in place for retrieving equipment once an employee has left the department. Respondent agrees with the finding. •
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CM47 Page 63Finding: Employees were removing DRMS equipment from the college premises with and without permission. The respondent disagrees with the finding on the basis of lack of information. • However, proper procedure for removing equipment from college premises will be • reviewed with all department employees.
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CM48 Page 63Finding: DRMS equipment is stored in an old trailer that is rusted, packed beyond capacity, and unprotected from the elements. The current storage situation is unsafe for employees to access equipment. There are tents that are being stored outside completely exposed. Lack of use and maintenance is causing the equipment to deteriorate. Respondent agrees with the finding. •
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CM49 Page 63Finding: Merced College police are not authorized to issue moving violations at this time. They continue to issue parking citations. Respondent agrees with the finding. •
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CM50 Page 63Finding: There has been inadequate supervision and support for the employees of the Merced College Police Department for a variety of reasons. In the past, the MC Police Department staff did not believe they had effective communication with supervisors, management and administration. Respondent agrees with the finding. •
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CM51 Page 63Finding: Extra help employees are not issued parking permits. They must pay the $1 daily fee or the $20 semester fee to park their automobiles. Respondent agrees with the finding. •
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CM52 Page 65Recommendation: Dr. Johnson should report verbally and in writing to the Board of Trustees monthly regarding the progress at the MC Police Department. The recommendation requires further analysis. • The Board will determine who is responsible for progress reports as appropriate within • six months.
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CM53 Page 65Recommendation: Extra help employees should be issued parking permits on a semester basis. This alleviates the need for them to pay the daily or semester parking fee. The recommendation requires further analysis. • The district will review this issue and take appropriate action within six months. • Grand Jury Follow-up: There was little information given as to the type of analysis needed in order to implement the
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CM54 Page 67Regarding an audit of police association accounts and documents turned over to the Merced County District Attorney for criminal investigation: As neither this association nor its accounts are part of the City of Dos Palos, and as it does not use city funds or taxpayer dollars, this
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CM55 Page 67The Dos Palos Police Department has developed a written policy for the handling of evidence and property, approved by the city council on August 3, 2004 and implemented on August 4, 2004.
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CM56 Page 67The Dos Palos Police Department has developed a written policy for department-issued cell phone usage, approved by the city council on August 3, 2004 and implemented on August 4, 2004.
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CM57 Page 67The Dos Palos Police Department has developed a written policy regarding nepotism, approved by the city council on August 3, 2004 and implemented on August 4, 2004.
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CM58 Page 67The Dos Palos Police Department has developed a written policy regarding complaints against officers. All future complaints against officers will be investigated (none pending). Future investigation results will be noted in both personnel files as permitted by law and an internal affairs investigation file, approved by the city council on August 3, 2004 and implemented on August 4, 2004.
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CM59 Page 67The Dos Palos Police Department has developed a written policy regarding employment qualifications approved by the city council on August 3, 2004 and implemented on August 4,
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CM60 Page 10The Sheriff’s Department is to be commended for addressing the issues of the cracked glass on cell block doors and chipped paint in the cells. The Sheriff’s Department is commended for their efforts in responding to the correctional needs of Merced County despite the fiscal restraints under which they operate. 10 MERCED COUNTY SHERIFF’S DEPARTMENT JOHN LATORRACA CORRECTIONAL FACILITY Mandated Inspection INTRODUCTION/BACKGROUND Pursuant to California Penal Code Section 919, the Grand Jury has the responsibility to annually investigate the conditions and management of correctional facilities within Merced County. The Sheriff’s Department is responsible for the daily operations of this facility under the command of Sheriff Mark Pazin. A tour of the John Latorraca Correctional Facility, at 2584 W. Sandy Mush Road, Merced, was conducted on February 11, 2005. METHOD OF INVESTIGATION 08-04-04 Sheriff Mark Pazin gave the Grand Jury a presentation regarding the Sheriff’s Department. 02-11-05 A sergeant guided the Grand Jury on a tour of the John Latorraca Correctional Facility. 03-01-05 A Grand Jury Committee interviewed personnel from the medical section. 04-05-05 A Grand Jury Committee interviewed the commander of the facility. 06-17-05 A Grand Jury Committee interviewed an inmate of the facility.
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CM61 Page 12Management and staff showed great concern in regards to the existing problems they face on a daily basis. Partitions have been erected in the visitation area in compliance with the recommendations of the 2003-2004 Grand Jury report. The Grand Jury commends the facility for their efforts to curtail the transfer of contraband. 12 MERCED COUNTY JUVENILE DETENTION CENTER IRIS GARRETT JUVENILE JUSTICE CORRECTIONAL COMPLEX Mandated Inspection INTRODUCTION/BACKGROUND Under California Penal Code 919 (b) the Grand Jury is required annually to inspect the condition and management of detention facilities within the county. Juveniles under the age of 18 years are classified as status offenders or inmates. It is because of their status that they are referred to the juvenile division. The facility is responsible for juveniles described by sections 601 and 602 of the Welfare and Institutions Code. 601: Describes juveniles that could be in trouble for truancy, runaways, out of control of their parents, etc. These are offenses they would not be punishable for if they were over 18 years. 602: Describes juveniles that commit a criminal offense such as petty theft, rape, murder, etc. METHOD OF INVESTIGATION 08/04/05 Bill Davidson, recently retired Chief Probation Officer in charge of juvenile hall operations, met with the Grand Jury. He gave a presentation on how the Probation Department operates in the new Merced County Juvenile Detention Center, now called the Iris Garrett Juvenile Justice Correctional Complex, located on Sandy Mush Road adjacent to the John Latorraca Correctional Facility. 01/14/05 A Grand Jury tour of the complex was conducted by recently retired Division Director, Franz Moosbauer. 01/14/05 The Grand Jury toured the new court room and spoke with Commissioner Tom Burr who reviewed the types of hearings performed: arraignment, pre-hearing, jurisdiction, disposition, review (every six months), restitution, etc. 01/14/05 The Grand Jury Committee visited the temporary holding areas, the living quarters, and the classrooms. The Committee also spoke with inmates, correctional officers, and educators. . 05/06/05 The Committee contacted Commissioner Burr for follow up discussion. 05/06/05 The Committee contacted the Program Manager for follow up discussion.
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CM62 Page 40It appears the Dos Palos Police Department is doing a just and balanced job in their Internal Affairs Investigations. The Department is commended for its efforts to modernize the facility and the operational procedures, including updating equipment (e.g. bar coding in the evidence room, new computer systems, etc.), renovating the older areas of the building, providing workstations for employees, and enhancing worker relations. The Merced County Grand Jury would like to commend the Dos Palos Police Department for unwavering cooperation during this process. 40 LIVINGSTON POLICE DEPARTMENT INTRODUCTION The Grand Jury may investigate, at its discretion the operations, account, and records of the officers departments, functions, and the method or system of performing the duties of any law enforcement agency located within the county in accordance with Penal Code §925 a. The 2004-2005 Grand Jury chose to look at the City of Livingston Police Department Internal Affairs practice. METHOD OF INVESTIGATION 4/26/05 A Grand Jury committee visited the police department in Livingston. We spoke with the chief and toured the facility, including the evidence room. 5/26/05 A Grand Jury committee visited the police department in Livingston. Several Internal Affair files were reviewed.
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CM63 Page 57The Grand Jury commends the employees of the Department of Human Resources for their assistance and cooperation during this investigation. The Grand Jury commends Stephen Jones for supplying us with all requested documents in a timely manner. Response: Human Resources completed a review of the Merced County 2003-2004 Grand Jury Report and in response to the findings and recommendations for Complaint #03-04-14 are the following comments.
Comments 1
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CO1 Page 57The Human Resources Office complied with appropriate rules and procedures as outlined in Resolution #91-32. Response: CEO-Human Resources concurs that we are in compliance with Resolution #91-32. * The final question of the interview, which asks the applicant if there is anything that they would like to add, could be construed as a non-rated closure to the interview. Response: Candidates are informed they are to come prepared to respond to the questions, and to give information about themselves within the time frame allotted. They are further informed they are to be prepared to tell the interview panel why they believe they are qualified and suited for the position. The final question is part of their score of their overall presentation. * Applicants were graded on a 100% point system, with a total of 10 questions. Each is worth 10 points. Response: The questions are not worth 10 points each. The questions are divided among four rating sections, and the interview panel members grade from 65 (Unacceptable) to 100 (Superior) the response to the questions that correspond to that rating section. The panel members then total each of the four sections; then divide by four to receive the average score for the candidate.