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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.

San Bernardino County Grand Jury • 2016-2017

Children and Family Services

17 pages
View PDF View Full Original

Findings 9 findings

F1 Page 26
The AVUSD relied on California Vehicle Code section 22850.5(a) to charge a vehicle release fee and to make increases in that fee. The vehicle code section relied upon gives authority to charge this fee to "...a city, county, or city and county, or a state agency." AVUSD- PD is not a city, county, or city and county or a state agency, and thus has no authority to charge this fee.
F2 Page 26
Based on interviews with several AVUSD-PD personnel and several owners/drivers of vehicles that were towed at the direction of AVUSD-PD, the registered owners and legal owners were not notified of their right to a poststorage hearing to determine the validity of the storage, as mandated by California Vehicle Code section 22852(a).
F3 Page 26
After interviewing several AVUSD personnel and owners/drivers of some of the vehicles that were towed by the authority of AVUSD-PD, proper notice of their right to a tow hearing was not given as mandated by California Vehicle Code section 22852(a).
F4 Page 26
Through the combined interviews conducted by the Grand Jury of AVUSD personnel, interviews with drivers/owners of vehicles that were towed at the direction of the AVUSD-PD, review of documents provided by AVUSD-PD, and a legal opinion from San Bernardino County Counsel, it was determined that, in many cases, the AVUSD-PD did not have authority to stop, cite, and tow vehicles. Many owners could not pay the tow and storage fees, and their vehicles were subsequently lien sold.
F5 Page 26
Based on interviews with AVUSD and AVUSD-PD personnel and based on a review of documents submitted by AVUSD, the AVUSD-PD was authorizing the towing of vehicles using only one tow service for a number of years, with no written contract, no signed Memorandum of Understanding, and without the involvement of the AVUSD Administrative Services Division. 2016-2017 San Bernardino County Civil Grand Jury – Apple Valley USD PD 17
F6 Page 27
Based on interviews with AVUSD-PD personnel, interviews with AVUSD personnel, and a review of California Penal Code section 830.32, Education Code 38000, and case law, the majority of instances where the AVUSD-PD stopped, cited, and authorized the towing of vehicles exceeded the authority of the AVUSD police officers, since most instances did not indicate an immediate threat to persons or property.
F7 Page 27
Based on the examination of citations written by the AVUSD-PD during the years 2014, 2015 and 2016, there is a constant increase in the number of citations written and vehicles being towed, with the vast majority of citations being for non-hazardous vehicle code violations. This activity results in the officers being taken away from their primary duty, which is the protection of school children, school personnel, and school property.
F8 Page 27
The AVUSD has operated without a signed MOU with SBCSD.
F9 Page 27
Based on the tow log received by the AVUSD-PD on all cars that department ordered to be towed by the only tow company used during the years 2014, 2015, and 2016, and compared to the cars that the tow company received during 2014, 2015, and 2016, over 500 cars are unaccounted for even though both the AVUSD-PD and the tow company stand by their records.

Recommendations 8