Stanislaus County Grand Jury
• 2001-2002
Reason for Investigation The Civil Grand Jury received a citizen=s complaint alleging the Keyes Fire Protection
⚠️ 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 and Recommendations 16 findings
F1
It is common that family members will choose the same career interests and will often work in the same public safety department.
No recommendations for this finding
F2
The KFD by-laws state, AAny person who resides within a ten (10) minute response time of the Keyes Fire Station may obtain a membership application from the Chief...@ (Section B, , Recruitment of Members).
No recommendations for this finding
F3
At least one application, dated 6/23/00, was rejected due to the applicant living Aout of district.@ Testimony revealed three (3) other applicants also were denied a position because they resided Aout of district.@
Related Recommendations (1)
R1
The Chief apply the by-laws equally among all members of KFD.
F4
The Chief=s son, who is a member of KFD, resided at an address approximately two (2) blocks south of Tuolumne Boulevard in the City of Modesto from 1997 through March 2001.
Related Recommendations (1)
R1
The Chief apply the by-laws equally among all members of KFD.
F5
Testimony indicated that it took between thirteen (13) and twenty-five (25) minutes to drive from the Tuolumne Boulevard address to KFD. The driving distance is eight and one-half (8-1/2) miles. Members of the Civil Grand Jury made this drive on four (4) separate occasions with travel times between eleven (11) and fifteen (15) minutes. This was performed under normal driving conditions while obeying posted speed limits.
Related Recommendations (1)
R1
The Chief apply the by-laws equally among all members of KFD.
F6
The Chief=s son filed a written request for leave of absence on 11/18/97 and filed a doctor=s release to return to work on 7/07/98.
No recommendations for this finding
F7
According to court documents filed with the Stanislaus County Superior Court (case #29507 - Income and Expense Declaration) dated 7/03/01, the Chief=s son indicated that he was receiving disability payments and had not worked since 6/17/99.
No recommendations for this finding
F8
In a letter dated 5/19/01, the Social Security Administration advised the Chief=s son 4 that, according to their records, he became disabled on 2/11/00 and was entitled to receive benefits as of August 2000. As of 2/27/02, the Chief=s son was still receiving disability payments.
No recommendations for this finding
F9
A review of the KFD Participation Detail by Staff Report indicates the Chief=s son participated in 156 calls from November 2000 through March 2001.
No recommendations for this finding
F10
For at least five (5) years prior to January 2001, KFD had a vacancy in the position of Second Assistant Chief. When the Chief=s son returned to work from a leave of absence, he was promoted to fill this position.
Related Recommendations (1)
R3
The Chief and all members of KFD review and understand Federal law regarding equal employment opportunities.
F11
Although the Chief has the final authority for promotions, it was usual for him to request input from the Assistant Chief and Captains. Two (2) of the four (4) Captains stated they were never consulted about the promotion and, if they had been, they would not have recommended the Chief=s son for the position.
Related Recommendations (2)
R2
The Chief consult with his command staff and seek their input prior to making promotions.
R3
The Chief and all members of KFD review and understand Federal law regarding equal employment opportunities.
F12
There is no formal testing process for promotions.
Related Recommendations (1)
R3
The Chief and all members of KFD review and understand Federal law regarding equal employment opportunities.
F13
Five (5) of the seven (7) volunteers interviewed believed that the Chief=s daughter- in-law received preferential treatment. a. The volunteers detailed an instance where the Chief=s daughter-in-law did not want to participate in a training scenario. When the training officer told her she had to participate, the Chief overruled him and threatened to cancel training if the matter was pursued. b. Other instances were detailed where the Chief=s daughter-in-law did not take an active role at the scene of emergencies.
Related Recommendations (1)
R3
The Chief and all members of KFD review and understand Federal law regarding equal employment opportunities.
F14
The Chief admitted he gives women firefighters preferential treatment.
Related Recommendations (1)
R3
The Chief and all members of KFD review and understand Federal law regarding equal employment opportunities.
F15
The Chief=s son (Assistant Chief) stated that he responds to emergency calls but, due to physical limitations, selects which duties he can and cannot perform.
Related Recommendations (1)
R4
Fire department personnel dispatched to the scene of an emergency have the ability to perform all required firefighting and lifesaving functions. COMPLAINT #2 - LACK OF LEADERSHIP ON THE PART OF THE KFD CHIEF:
F16
There have been several times when the Chief, his son and one (1) firefighter have been the only persons from KFD to respond to emergency calls. CONCLUSIONS The Civil Grand Jury concluded that:
Related Recommendations (1)
R4
Fire department personnel dispatched to the scene of an emergency have the ability to perform all required firefighting and lifesaving functions. COMPLAINT #2 - LACK OF LEADERSHIP ON THE PART OF THE KFD CHIEF:
Additional Recommendations 1
These recommendations are not explicitly linked to specific findings.
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R5Commissioners of KFPD evaluate the needs of the community and determine if KFD meets those needs. COMPLAINT #3 - MISLEADING INFORMATION ON ONE (1) EMPLOYEE=S EMPLOYMENT APPLICATION:
Conclusions 19
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CL1 Page 5Pursuing similar career interests and being employed by the same department is 5 only a problem when family members are receiving preferential treatment.
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CL2 Page 6From 1997 through March 2001, the Chief=s son was allowed to live outside the KFPD in violation of the Aten (10) minute response time@ provision of the by-laws. Records indicate the Chief=s son was an active member of the department from November 2000 through March 2001. During this same time, other interested persons were not allowed to submit employment applications due to their status of living Aout of district.@
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CL3 Page 6The Chief promoted his son to Assistant Chief without consulting or seeking input from his command staff.
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CL4 Page 6The Chief gives preferential treatment to women firefighters and his daughter-in-law was no exception.
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CL5 Page 6The public expects fire department personnel dispatched to the scene of an emergency to perform all required firefighting and lifesaving functions. Responding to an emergency with the inability to perform these required tasks is unacceptable.
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CL6 Page 8The Chief and all persons interviewed cooperated fully with this investigation.
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CL7 Page 8The Chief is dedicated to KFD and has spent the majority of his life serving the Keyes community. Many of the procedures now in place reflect his past leadership.
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CL8 Page 8The majority of KFD employees do not have confidence in the current leadership abilities of the Chief.
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CL9 Page 8The Chief does not follow the by-laws on a consistent basis.
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CL10 Page 8The KFD Chief should understand and be able to articulate the rules governing his departmental operations.
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CL11 Page 8The Civil Grand Jury agrees with the following statement found in the Fire District Administration Handbook, page 3.2: As the fire service mission continues to evolve into the 21st Century and the expectations of the customers it serves change, so must the organization evolve and change. To be successful, the organization=s mission must be in synch with the expectations of its customers and the organization must be able to evolve in order 8 to continue serving the changing mission. To survive in today=s political and economic environment and to be successful over time, the organization needs three things: C Unified Mission and Vision C Shared Values C Effective Leadership.
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CL12 Page 10The use of department vehicles and equipment for personal business leads to the perception that KFD property is being misused.
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CL13 Page 10KFD is unnecessarily subjected to civil liability lawsuits when department vehicles and equipment are being used for personal business.
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CL14 Page 10The accusation that the department computer was used for personal business was not substantiated.
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CL15 Page 12The Civil Grand Jury has no jurisdiction over the actions of the Association except as it relates to KFPD, which is a public agency.
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CL16 Page 12By using checks entitled AKeyes Fire Department@, there is an implication the account from which the checks are drawn is not controlled solely by the Association.
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CL17 Page 12Pre-signed checks negate the very reason for having a two-signature requirement on the account.
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CL18 Page 10The Civil Grand Jury concluded that this allegation could not be substantiated.
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CL19 Page 11The Civil Grand Jury concluded that because the file cabinet containing the personnel records is not locked, anyone with a key to the office can access and compromise confidential records.