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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.

Merced County Grand Jury • 2004-2005

#04-05-12 Human Services Agency

Published: June 27, 2005 67 pages

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⚠️ 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 62

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. •

F2 Page 63

Currently, there is no accounting policy at Merced College. Respondent agrees with the finding with respect to the police and security department. •

F3 Page 63

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.

F4 Page 63

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. •

F5 Page 63

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 Page 63

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 Page 63

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 Page 63

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 Page 63

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 Page 65

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 Page 65

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

R1
Page 3

CHW needs to work on its’ customer service in ER, marketing and the appearance of the present facilities.
R2
Page 3

Physicians need to understand the county’s financial position and work for a better tomorrow.
R3
Page 3

Greater community involvement.
R4
Page 3

The County needs to help educate IHCP (MAP) clients better so they might utilize clinics instead of the ER in non emergency cases.
R5
Page 14

This writer concurs with the information in Finding Five.
R6
Page 14

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.
R7
Page 14

This writer concurs with the information in Finding Seven.
R8
Page 14

The information contained in Finding Eight is accurate.
R9
Page 17

This writer concurs with the information in Finding Nine.
R10
Page 17

This writer concurs with the information in Finding Ten.
R11
Page 17

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
R04-03
Page 51

& 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

Commendations 60

CM1 Page 5

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.
CM2 Page 5

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
CM3 Page 8

Due 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,
CM4 Page 16

The police report addressing the incident.
CM5 Page 16

The Merced Police Department’s Citizens Complaint Procedure, Section 1020 handout detailing procedures for filing a complaint.
CM6 Page 16

The internal complaint files of the Merced Police Department covering a six month period.
CM7 Page 16

The 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:
CM8 Page 16

MPD Form 19: Form the aggrieved community member fills out to initiate an investigation into the conduct or action of an officer.
CM9 Page 16

MPD Form 20: Form stating the Notification of Findings of complaint investigation which is filed upon completion.
CM10 Page 28

The Merced County Human Services Agency operated within legal guidelines.
CM11 Page 28

The policies and procedures manual had not been updated for approximately 10 years.
CM12 Page 34

Several recorded City Council Meetings.
CM13 Page 34

Letters of complaint from numerous city employees.
CM14 Page 36

Pay raises for A-level managers and elected officials, as well as their benefits and other perks.
CM15 Page 36

Public 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.
CM16 Page 43

Verbal counseling and information kept in complaint file
CM17

Termination 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.
CM18 Page 45

The 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.
CM19 Page 45

.Section 1020 relates to the following:
CM20 Page 45

The purpose of the procedure.
CM21 Page 45

The procedures for filing.
CM22 Page 45

The various types of dispositions: sustained, not sustained, unfounded, exonerated.
CM23 Page 45

Documentation of each finding.
CM24 Page 45

Corrective Actions taken and
CM25 Page 45

The Merced City Police department has revised their complaint procedures to allow for an informal resolution prior to filing a formal complaint.
CM26 Page 45

In 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.
CM27 Page 45

Complaint form 19 is provided in English only.
CM28 Page 45

In order for a full investigation to be conducted, the complainant must submit an official complaint form. 45
CM29 Page 54

Finding One, is accurate with reference to the current facility and it’s condition.
CM30 Page 54

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.
CM31 Page 55

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.
CM32 Page 55

This writer concurs with the information in Finding Four.
CM33 Page 55

This writer concurs with the information in Finding Five.
CM34 Page 55

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.
CM35 Page 55

This writer concurs with the information in Finding Seven.
CM36 Page 55

The information contained in Finding Eight is accurate. Findings – Iris Garrett Juvenile Justice Correctional Complex
CM37 Page 55

This writer concurs with the information in Finding Nine.
CM38 Page 55

This writer concurs with the information in Finding Ten.
CM39 Page 56

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.
CM40 Page 62

Finding: 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. •
CM41 Page 63

Finding: Currently, there is no accounting policy at Merced College. Respondent agrees with the finding with respect to the police and security department. •
CM42 Page 63

Finding: 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.
CM43 Page 63

Finding: 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. •
CM44 Page 63

Finding: 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.
CM45 Page 63

Finding: 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. •
CM46 Page 63

Finding: Merced College police are not authorized to issue moving violations at this time. They continue to issue parking citations. Respondent agrees with the finding. •
CM47 Page 63

Finding: 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. •
CM48 Page 63

Finding: 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. •
CM49 Page 65

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.
CM50 Page 65

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
CM51 Page 67

Regarding 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
CM52 Page 67

The 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.
CM53 Page 67

The 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.
CM54 Page 67

The 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.
CM55 Page 67

The 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.
CM56 Page 67

The 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,
CM57 Page 10

The 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.
CM58 Page 12

Management 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.
CM59 Page 40

It 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.
CM60 Page 57

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.

Comments 1

CO1 Page 57

The 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.