The Grand Jury decided to try to trace the origins of the problem. The Jury wanted the widest possible perspective on

Recommendations 44

• R1
  • Request the annual balance sheets and income statements on landfill and MRF operations as required by the contracts with ADS so there can be a comparison of operation revenues and expenses on a year to year basis. Options for the Amador County Sanitary Landfill. County Sells the Buena Vista Landfill. Facts: • Currently the landfill is taking in approximately 68 tons of waste per day which comes to 24,403 tons per year. Prior to ACES taking their waste to the Kiefer Landfill, the daily average rate was approximately 113 tons per day based on 358 operating days per year. • The landfill is permitted for 810 tons per day. • The county is currently funding an Environmental Impact Report for the proposed sale of the landfill at a cost of $150,000 although the county government officials claim they have not decided to sell the landfill. • The county purchased the land for the landfill for $852,957 from the Howard Estate. Escrow closed on 1-20-1994. 24 2002-2003 Grand Jury Final Report • The County Administrative Agency and the County Counsel’s Office are handling the majority of the current landfill issues and the County Administrative Officer and the County Counsel were chosen by the Board of Supervisors to handle negotiations for the sale of the landfill which can be held in closed sessions under the Brown Act. • The county is seen as an owner/operator and a generator of municipal solid waste (MSW) and municipal sewage sludge (MSS) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). • The Supreme Court ruling in the United States v. Bestfoods protects parent corporations from the actions of its subsidiary. There is nothing in CERCLA which allows the corporate veil to be pierced. Findings: • The county would lose authority over the landfill and a new owner could allow dumping of anything into the landfill. It would be illegal for an operator to dump anything in the landfill that was not in the solid waste facility permit granted by the California Integrated Waste Management Board (CIWMB). • The county states it would put conditions on the sale of the landfill to mitigate citizen concerns regarding the environment, traffic and operation of the landfill. Considering the county has not held ADS to the terms of their contract to operate the landfill and MRF the likelihood of the county to hold a buyer of the landfill to a sales agreement is questionable. • The county would sell the landfill “As Is” which would mean the new owner would take the liability of the existing phases of the landfill but this would lower the price for the landfill. • Ultimately there is a legal concern as to whether the county can ever rid itself of past ownership liability since it is always a potentially responsible party for site clean up as reported by Intelliwaste Inc. to the Board of Supervisors. Even if the county can negotiate away its liability as an owner/operator it would still be liable as a generator of waste. Corporations can go bankrupt and taxing entities, such as the county, are seen as financial deep pockets in litigation. • There are waste management companies interested in the possible purchase of the landfill. • Franchise haulers would not be required to use the landfill if it were purchased. Recommendations: The county retains ownership of the landfill. County Keeps the Landfill. The county has at least three options if the ownership of the landfill is retained. The county could invest in constructing another phase, have ADS construct the next phase and be responsible for permitting and operation, or close the landfill and haul waste out of the county. 2002-2003 Grand Jury Final Report 25 County Re-Permits the Landfill and Builds the Next Phase and Continues Operations. Facts: • Would allow the county to continue to receive a split of tipping fees and generate revenue to cover costs associated with the landfill. • One proposal and estimate offered by a county official would be to permit and construct Phase 4 of the landfill at an estimated cost of $2,800,000.00 and the cost to close it would be approximately $1,600,000.00 for a capacity of 850,000 tons. Another proposal is for a capacity of 500,000 tons. The greater the capacity the lower the cost per ton for construction costs. • Professional and Specialized Services, environmental monitoring, regulatory liaison and consulting services, cost the county $591,626.30 in 2000-2001 and $896,295.22 in 2001-2002. • Total operating expenses for the Waste Management Department for the last ten years, fiscal years 1992/1993 through 2001/2002, average $668,714 a year. The 1993/1994 fiscal year was the highest at $1,625,363.78 and the 1997/1998 fiscal year had the lowest total operating expenses with $278,403.12. The approved budget for total operating expenses for 2002/2003 is $1,288,960. Findings: • It takes 200 tons per day of waste for a landfill operation to reach an economy of scale (operate efficiently). • County continues to have control over the landfill, which benefits environmental concerns for the area. • The landfill under county control provides reasonable waste disposal to citizens of the county. Tax dollars used to meet landfill expenses provide a benefit to all Amador County citizens. If the landfill is sold there is a good chance the cost to dispose of garbage by Amador County citizens would increase. • As prices go up illegal dumping through out the county becomes a greater problem. • The county would be responsible for the cost of permitting, regulatory liaison, environmental monitoring, closure and post closure costs as they are now. • The Amador County Board of Supervisors has chosen not to fund this option. Recommendations: • Construct phase 4 to a capacity of at least 850,000 tons and use as a regional landfill taking in at least 250 tons per day of waste. • Use a bond issue to finance construction if funds are not available. • Use tipping fees to payoff the bond. Two examples of how tipping fees could be used to pay for construction, salary and benefits for a Waste Management Director, closure costs and operational expenses. The per ton breakdown at an average of 250 tons per day based on a 358 day year would be: 26 2002-2003 Grand Jury Final Report Using a bond issue: ADS $15.75 Retirement of Bonds at six year amortization ($2.8 million @ 4%) $ 5.87 Capping and closing phase 4 (Estimate of $1.6 million) $ 1.88 Operating Expenses (Based on average cost of $668,713.81 last 10 years) $ 7.47 Salary and Benefits for Waste Management Director $ 0.89 State Franchise Tax Board Fee $ 1.34 Total County Tipping Fee $17.45 Total Landfill Tipping Fee $33.20 Life of the landfill remaining after six years assuming a life of 9.5 years with a capacity of 850,000 tons would be 3.5 years or 42 months. 42 months times 7,458 tons equals 313,236 tons. 313,236 tons times $5.87 equals $1,838,695 towards the next cell requiring less financing. Using funds available: ADS $15.75 Payback on $2.8 million over six years to general fund $5.21 Capping and closing phase 4 (Estimate of $1.6 million) $1.88 Operating Expenses (Based on average cost of $668,713.81 over the last 10 years) $ 7.47 Salary and Benefits for Waste Management Director ($80,000.00) $ 0.89 State Franchise Tax Board Fee $ 1.34 Total County Tipping Fee $16.79 Total Landfill Tipping Fee $32.54 Life of the landfill remaining after six years assuming a life of 9.5 years with a capacity of 850,000 tons would be 3.5 years or 42 months. 42 months times 7,458 tons equals 313,236 tons. 313,236 tons times $5.21 equals $1,631,960 towards the next cell requiring less financing. Close the Landfill and Haul Waste Out of County Facts: • The county must continue to maintain and monitor existing phases. Professional and Specialized Services have averaged $467,908 per year for the last ten years. • Aces Waste Services, Inc. has negotiated a contract with Sacramento County to haul waste to The Kiefer Landfill and will continue to pay Amador County $5 per ton through May 2003. 2002-2003 Grand Jury Final Report 27 • It will cost $804,000 to cap and close phases 2 and 3. A fund exists to meet this cost with the county making installments to cover the costs to cap and close the phases 2 and 3. This fund is required under the solid waste facility permit granted by the CIWMB. • Current tipping fees for the MRF are $57.86, which gives ADS a net after landfill tipping fees ($34.00) of $23.86 per ton. Findings: • It is unknown if hauling waste out of the county would increase costs to Amador County citizens. Out of county tipping fees and the cost to haul the waste to the disposal site would determine costs. • The MRF is used to sort waste into recyclables and for disposal into the landfill. Not all waste received at the gate go into the landfill. The MRF was required to help the county meet requirements of AB 939 for diversion of waste from landfills. Under the contract for the operation of the landfill, ADS has exclusive rights to sell any salvageable items. • If the county closed the landfill the MRF would be used as a transfer station. • This will be the option if the Board of Supervisors does not act soon. It is the default option. Recommendations: • Not recommended. Allow ADS to Expand the Landfill: The information contained in this is taken from a proposal from the county on possible options for the landfill. Most of this would require negotiations and bids for the best deal for the county. Facts: • ADS would fund all construction, capping, and closure of Phase 4 and needed Phases in the future. ADS would fund regulatory liaison, environmental monitoring and perform all routine land management. • ADS would pay the county one-dollar per ton royalty. The county states this would generate $150,000.00 to the county per year. To generate that much per year, the landfill would need to be taking in on average 400 tons of waste per day, which is currently four times the amount generated in the county. • The county would retain liability of prior Phases and the cost of regulatory monitoring. Findings: • ADS would get all necessary permits and address all outstanding issues such as completing the revised closure plan, completing the permitting of all disposal activities and the expansion of the landfill. • ADS would fund the majority of the costs of the permits. • ADS would limit out of county waste to fifteen truck-loads per day and would prevent the trucks from traveling through Ione. • By allowing ADS to continue operations this would permit the landfill to remain in operation. 28 2002-2003 Grand Jury Final Report • Once a landfill closes it is very hard to resume operations because of state agencies and regulations. • Under this proposal the county would have a difficult time covering costs for meeting post closure monitoring. Recommendations: • The next best option behind the county constructing the next phase is to allow ADS to fund and construct phase 4. This will allow the landfill to continue to operate. Time is running out on the ability to keep the landfill open and operating under current permits. • Set aside funds to construct the next phase, phase 5. Response Required: California Penal Code 933.05 requires a response 2002-2003 Grand Jury Final Report 29 Criminal Justice 30 2002-2003 Grand Jury Final Report California Youth Authority Pine Grove Youth Conservation Camp Introduction: Penal Code Section 919(b) mandates that the Grand Jury annually review all prisons and jails within the County. Background: Pine Grove Youth Conservation Camp (PGYCC) was established in 1945 in a joint agency agreement between the California Youth Authority (CYA) and the California Division of Forestry (CDF). The facility operates on an annual budget of two million dollars for CYA and nine hundred thousand dollars for CDF. The camp has a staff of 31, including 18 peace officers and 3 part-time employees. This 80-bed facility currently houses 68 wards whose ages range from 18 to 24 years. Their average stay at the camp is 480 days. No ward is selected who has been convicted of arson, any sex offense or who is a flight risk. The wards are assigned to one of four fire crews, a community-service crew or camp crew. Wards are paid from $1.40 to $3.50 per day for regular work but receive $1.00 per hour while fighting fires. Crews are dispatched to fires throughout California. Wards work for public and non-profit agencies, on projects such as fire trails, snow clearance, food distribution, grounds maintenance of public buildings and historical landmarks, cemeteries, and weed abatement of roadways. Evening school attendance is mandatory, until a high school diploma or GED is obtained. Correspondence college courses are available at the ward’s own expense. Each ward must also participate in a minimum of four small group counseling sessions per month, plus individual counseling sessions which include topics such as work ethics, job-seeking skills, anger management, drug abuse, gang activities, and parenting skills. Methodology: Members of the Grand Jury conducted interviews, reviewed documents, and toured the facility. Persons interviewed: Camp Superintendent Assistant Camp Superintendent CDF Division Chief Youth Counselor Camp Cook Parole Agent 2002-2003 Grand Jury Final Report 31 Documents examined: Budget Summary Organization chart Conservation camp operation Camp master projects list Special incident package Operations manual Multi-hazard emergency plan CYA Staff News CYA Today Newspaper Facts: • Wards of the PGYCC provided 99,096 hours of public service to the county of Amador, last year and they logged 69,961 hours on the fire line. • They donated $1632.00 last year to victim’s funds . • The camp serves as a landing field for Med-Evac units . • The dining hall and infrastructure can support food services to feed 800 people per day in the event of a major disaster. • The wards collect, assemble and distribute 4000 Christmas boughs in the county each year. • The camp staff hosts quarterly meetings with the Pine Grove Citizens Advisory Committee. Findings: • The Pine Grove Youth Conservation Camp is very community oriented and provides many valuable services to the surrounding cities and to the county. • The facility was clean and orderly and the staff cordial and knowledgeable. The Pine Grove Youth Conservation Camp is a very real asset to the County. Recommendations: • None Response Required: • None 32 2002-2003 Grand Jury Final Report AMADOR COUNTY DETENTION CENTER Introduction: The Grand Jury is mandated to review all prisons and jails within Amador County as required by California Penal Code Section 919(b). Background: The Amador County Detention Center (Jail), directed by the Sheriff, serves as the sole incarceration site for both pre-trial and sentenced male and female inmates. With the exception of the Jail Commander, the custodial staff is comprised of professional Correctional Officers who have the responsibility of overseeing both maximum and minimum security inmates 24 hours a day, 7 days a week. They are required to transport inmates to and from court, to medical facilities and to supervise work details outside the Jail. Method of Review: Members of the Grand Jury visited the jail, conducted interviews and reviewed documents. Persons Interviewed: Under-sheriff Jail Commander Command Room Correctional Officers Jail Nurse Documents Reviewed: Fiscal Year Budget 2002-2003 Jail Organization Chart Jail Incident Log Food Temperature Reports Inmate Grievance Forms Log of Daily Average Population Released Early Due to Overcrowding Board of Corrections Biennial (every 2 years) Inspection Report Jail Staffing Plan Administration: Facts: • The Amador County Sheriff has ultimate responsibility for the overall supervision of the Jail. • The Jail Commander (Captain) supervises daily Jail operations. • The Captain’s office is very small and overcrowded. 2002-2003 Grand Jury Final Report 33 • The Captain is responsible for all Jail administrative duties and most of the paper work involved. Findings: • The administrative offices are well organized. As a result, the materials we requested were located in a very timely manner. • To make it more conducive for the Captain to meet with personnel or conduct interviews his office should be enlarged. • The Captain needs assistance in handling administrative duties. Recommendations: • Increase the size of the Captain’s office when the expansion of the Jail occurs. • Hire a Correctional Manager, holding a position between a Senior Correctional Officer and a Captain, to alleviate some of the Captain’s responsibilities. Operations: Facts: • The California Board of Corrections conducts biennial inspections of all local detention facilities as required by Title 15 and 24 of the California Code of Regulations. The inspection covers over 60 requirements of law ranging from administrative policy, operations, treatment of the inmates and condition of the facility. • The Incident Log is used to record all incidents which result in physical harm or serious threat of physical harm to an employee, inmate or other person and is maintained by the Captain.
• R2
  • None. Staffing: Facts: • Section 1027 of the biennial inspection by the Board of Corrections conducted on February 27, 2003, Penal Code 6031, indicates that “the number of personnel has been a non-compliance issue for the last several inspection cycles.” • A staffing analysis developed in 2002 outlined the number of personnel (30) needed to safely and securely operate the Jail. • As of February 27, 2003 there are vacancies for 5 female Correctional Officers. • Overtime is required to maintain proper staffing. • Video arraignments between the Jail and the Court House will commence on March 3, 2003, which will ease some staffing concerns and transportation issues. 34 2002-2003 Grand Jury Final Report
• R3
  • Request that the Board of Supervisors revisit the budget to ascertain if adjustments can be made which would allow for hiring the needed personnel. Inmate Housing: Facts: • The Jail has adequate housing for 76 inmates (65 male, 11 female). There have been as many as 91 inmates at one time, which cause extreme overcrowding. • When the Jail reaches maximum capacity an early release program goes into effect for inmates who have committed less serious offenses. • The Jail population fluctuates daily. Findings: • The increased population in Amador County and the surrounding areas may be responsible for the overcrowding situation in the Jail. • With the increase in inmates there is also an increase in visitors. • A home monitoring system could alleviate some of the overcrowding. Recommendations: • Establish a start date to begin construction of the Jail addition. • Implement an electronic home monitoring system for eligible inmates, who meet the criteria, which will reduce Jail overcrowding. 2002-2003 Grand Jury Final Report 35 Food Services: Facts: • Food service is contracted with the Stanislaus County Jail where individual meals are prepared, placed on trays, sealed and flash frozen. The meals are transported to the Jail in a refrigerated van and stored in a freezer until ready for use. At that time, meals are thawed and reheated. • All meals are planned by a nutritionist. • Inmates are served 3 meals per day, 2 of which are hot. The temperature of the hot food (165 degrees) is taken at each meal and logged to insure it is served in accordance with regulations. • Special dietary and religious needs are accommodated. • The Amador County Health Department inspects the food facility twice a year. Findings: • Inmate meals are adequate and nutritionally sound. • The meal storage room and the reheating room are currently very crowded.
• R4
  • Complete the remodel of the re-therm (reheating of food to the appropriate temperature) area and kitchen. Inmate Medical Services: Facts: • Amador County contracts with the California Forensic Medical Group, Inc. (CFMG) for inmate medical services. • The contracted physician is required to be on site 1 day a week and is on call 24 hours. • The CFMG provides a registered nurse who is on site part-time, 5 days a week. • Each inmate detained for more then 2 days is required to have a complete health evaluation which includes Communicable Disease Screening and TB Assessment. This evaluation must occur within 7 to 14 days after admittance. • The Jail has policies and procedures for Non-Medical Sick Call and Emergency Medical and Medication Management, which is located in the Jail Manual. • Mental health care for inmates is provided 2 hours a week. Crisis counseling is available 7 days a week, 24 hours a day. • The only orthopedic physician in Amador County will not serve the Jail. Inmates requiring this service must be transported outside the County. • Injuries that require an orthopedic doctor tend to be the most common. • Providing transportation out of the County is very costly and involves safety issues. Findings: • Inmates who requested medical attention were seen in a timely manner. • Medical records were found to be legible and well recorded. 36 2002-2003 Grand Jury Final Report • Inmates are advised of the results of their health evaluation and, if necessary, any follow up care required. Recommendations: • Attempt further negotiations with the orthopedic physician in Amador County. Response required: A response to this report is required by the Board of Supervisors and the Amador County Sheriff pursuant to California Penal Code 933.05. 2002-2003 Grand Jury Final Report 37 Mule Creek State Prison Introduction: Penal Code section 919(b) mandates that the Grand Jury annually review all prisons and jails in the County. The Grand Jury toured Mule Creek State Prison. Main Facility Mule Creek State Prison (MCSP) is a medium to high security prison covering 866 acres. There is an electrified perimeter fence situated between double perimeter fences. There are three inmate housing areas within the secure perimeter and one is high-security. Medium- security facilities combined average 2250 inmates. One of the housing units is designed as Administrative Segregation, which has the capacity of housing 200 inmates. The high- security facility averages 1160 inmates. To accommodate overcrowding MCSP converted its gymnasiums into dormitories. The prison has a maximum capacity of 3888 inmates. When the Grand Jury visited MCSP the inmate population was 3,623. There were 1174 inmates serving life sentences and 113 inmates serving life without the possibility of parole. MCSP currently has a total of 972 employees, of which, 618 are correctional Peace Officer personnel. The current Budget is $65 million. Minimum Support Facility The Minimum Support Facility is located outside of the secure perimeter fence. The inmates in the minimum support facility have been identified as low risk and are housed in an environment that offers minimal physical restrictions. There are no violent offenders or sex offenders among the inmates in this facility. The maximum capacity for the Minimum Support Facility is 400 inmates. There are three community work crews. While on work assignments in the community, each community crew is supervised by one officer. The crews generally have 12 inmate workers. Local law enforcement provides backup. The crews work for tax-based organizations only, such as city, county or state agencies. All work is low skill, i.e., cleanup, weed abatement, painting, etc. The crews also provide emergency response to the county for floods when authorized. . A Fourth work crew is assigned to the California Training Center in Galt and is supervised by three officers who are responsible for transporting and supervising the inmates while off institutional grounds. It consists of approximately 60 inmates. They are the support for the California Training Center’s grounds. Their work assignments consist of landscaping, maintenance, culinary, janitorial, etc. There are also “On grounds” inmate crews who provide the same types of support services to the Institution. 38 2002-2003 Grand Jury Final Report Method of Evaluation: Members of the Grand Jury conducted interviews, reviewed documents and visited sites. Persons Interviewed: Warden Administrative Assistant Correctional Officers Teachers Counselors Inmate Appeal Staff Personnel Personnel assignments In-Service Training Department Watch Office Main Control Documents Examined: Institution Profile (dated 10-18-02) Inmate Costs (dated 10-18-02) MCSP Overview (dated 2-02) Physical Layout Map Employee Safety: Facts: • There is a variable staff to inmate ratio determined by the security level of a facility. The higher the security level the more staff assigned to the facility. • The California Department of Corrections Operations Manual mandates all staff to wear a whistle for use in the event of an emergency. The sounding of the whistle alerts other staff members of the emergency and its location. • Staff are also required to wear personal alarm devices in designated areas. Activation of the personal alarm during an emergency sounds a loud alarm and turns on a flashing blue light directing response staff to the area. An alarm is also activated in the Main Security Control room and the location of the emergency is then broadcast through the institutional radio and public address systems. Findings: • Custody officer positions were all filled at the time of the tour. • During the tour and subsequent interviews, staff were randomly selected to verify that they were in compliance and were wearing their whistles. All staff viewed were in compliance. • During the tour and subsequent interviews, staff were wearing their state issued personal alarm devices. • Emergency Operations and Alarm Response classes are included in annual in-service training provided to all staff members.
• R5
  • None 2002-2003 Grand Jury Final Report 39 Staff Accountability: Facts: • The Identix System is a computerized fingerprint identification system that stores data on employees who have entered and exited the secure perimeter. • It is mandatory that all employees use the Identix System when entering and exiting the secure perimeter. This system is located at the two entrances into the secure perimeter, the Front entrance Building and the Vehicle entrance (sally port). • The Identix System prints a report of personnel tracking within 30 to 60 minutes after each shift change. • Every employee on institutional grounds can be accounted for within 30 to 45 minutes. • Measures are immediately taken to locate a staff member if the employee is overdue for departure. • It is also mandatory for all employees to sign in and out on all shifts. Findings: • Keeping track of staff who enter the secure perimeter is high priority to the institution. • Upon entering and exiting the secure perimeter staff were observed using the Identix system. • Supervising staff members review the staffing rosters to ensure staff have signed in or out when reporting or leaving their assignments. If there is a discrepancy the supervisor takes immediate measures to account for that employee.
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  • None. Institution Security: Facts: • The front entrance and the vehicle sally port are the only access into the secured perimeter. • The front entrance and the vehicle sally port are each staffed by a correctional officer 16 hours a day and covered by the Outside Patrol Sergeant during the night shift. • The front entrance and the vehicle sally port are each overseen by a 24 hour perimeter tower staffed by armed correctional officers. The correctional officers in the towers control the gates electronically. • The Entrance Officer: Ensures each employee uses the Identix System, examines each staff member’s identification cards to ensure authenticity, searches items being brought in or out of the institution, processes official visitors to the institution and directs outside companies to various areas of the Institution. • The Vehicle Sally Port Officer: Positively identifies the individual(s) that are operating and occupying the vehicle and ensures they sign in and out. The officer also ensures employees use the Identix System when entering or exiting the secure perimeter through the vehicle sally port. The officer ensures inmate identification through the verification of 40 2002-2003 Grand Jury Final Report authorized inmate gate passes. Inmates are also identified and the officer reviews and ensures there is appropriate documentation and inmate gate passes are authorized and complete. • Inmates are also processed through the vehicle sally port by vehicle or controlled escort. • Every vehicle that is processed through the vehicle sally port is thoroughly searched inside and outside.
• R7
  • None 2002-2003 Grand Jury Final Report 41 Information Distribution: Facts: • Information is provided on a closed circuit video system by the Media Center supervised by a Television Specialist. The information consists of up coming changes in policies, which programs are operating normally or have been restricted, changes affecting inmate visiting, rule reminders and current events in the facilities, etc. • The Warden or the Administrative Assistant approves the information prior to its being displayed on this closed circuit video system. • Inmates with personal televisions and all dayroom televisions can receive this information on screen.
• R8
  • None Medical and Mental Health Services: Facts: • There are inmates housed at MCSP that have been identified as being developmentally disabled, with mental illnesses and inmates with less severe physical disabilities that do not have an impact on their housing needs. These inmates are tracked and their mental and medical needs are met. • A new Mental Health Services building is in the process of being built to accommodate the needs of the inmates assigned to the Mental Health Delivery System. • MCSP is staffed with various medical personnel to serve the needs of the inmate population. These employees include medical doctors, nurses, medical technical assistants, dentists, psychiatrists, psychologists, licensed clinical social workers, pharmacists, dietitian, laboratory technicians and radiologists, etc. There are specialty clinics that include services for optometry, podiatry, physical therapy and others. • Each facility has a medical and dental clinic. Inmates are charged a $5.00 co-payment for non-emergency medical and dental services. • The Main infirmary has an emergency room, which is equipped and maintained at all times to receive inmates with urgent medical issues. Other inmate medical emergencies or severe health conditions are transported to outside hospitals or other prisons that can accommodate their medical needs. The Main Infirmary is in the process of being renovated for expansion.
• R9
  • None Response Required: None. 2002-2003 Grand Jury Final Report 43 Preston Youth Correctional Facility Introduction: Penal Code Section 919(b) mandates that the Grand Jury annually review all prisons and jails within the County. Background: Juveniles committed by juvenile and criminal courts to the California Youth Authority (CYA) are sent to Preston Youth Correctional Facility (PYCF) for treatment and training. The CYA is the largest youth corrections agency in the nation, housing some 5,700 young men and women in eleven institutions and four camps throughout the state, with approximately 4,200 more on parole. PYCF was one of the first two state youthful offender facilities (Reform schools) mandated by the state in 1890 to remove juvenile offenders from adult prisons. The historic landmark "Preston Castle" opened June 13, 1894; many more structures and facilities have been built over the years. PYCF has historically been a role model for innovations in juvenile corrections nationwide. Fourteen living units provide housing, five with rooms which are either single bunked or double bunked, and nine open dormitories. Three of the dormitories have been closed due to declining population. Six specialized treatment programs are offered. Method of Evaluation: Members of the Grand Jury conducted interviews and toured the Preston Youth Correctional Facility. Persons interviewed: Superintendent Assistant Superintendent Chief of Security Training Officer Senior Youth Correctional Counselors Youth Correctional Counselors Youth Correctional Officers Principal of Education Kitchen Staff Stationary Engineer Wards Inmates 44 2002-2003 Grand Jury Final Report Documents Examined: Welfare and Institution Codes Internet Sites: California Department of the Youth Authority: http://www.cya.ca.gov California Senate: http://www.sen.ca.gov Fresno Bee: http://www.fresnobee.com Demographics: Facts: • PYCF houses male offenders, most between 17 and 19 years of age. The CYA can house offenders up to their 25th birthday. • The offenders are wards of the state or are inmates, juveniles tried as adults. • At the time of the Grand Jury’s first visit in November 2002 to PYCF the population was 560. The population was 511 on a subsequent visit in April 2003. • PYCF has closed three living units in the last 12 months with the most recent occurring on April 1, 2003. • Section 912 of the California Welfare and Institution Code (W & I Code), amended in 1997, states the counties of California will pay a sliding scale percentage of the per capita cost to house a ward in the CYA ranging from 50% to 100% depending on the seriousness of the crime. For many years prior to this the cost to the counties for a ward committed to the CYA was around $300 per year. • The ward per capita cost for 2002/2003 is $49,200. The cost to counties for a ward committed to the CYA can be $24,600 to $49,200 per year. Findings: • The CYA population is declining due to legislative mandates requiring the state to charge counties for CYA commitments. • Counties are keeping juvenile offenders in juvenile halls or county camps. As an example, Fresno County Probation Department, Fresno County had 219 commitments to the CYA at a cost of $109,676 in 1995/1996 fiscal year. The cost increased to $3.8 million in fiscal year 1999/2000 for 110 new commitments to the CYA. • Several CYA Institutions will be closed in the near future. At this time it is undetermined if Preston will be closed. • PYCF has provided community service and economic stability to Ione and Amador County for over one hundred years. 2002-2003 Grand Jury Final Report 45
• R10
  • None Treatment Programs: Facts: • There is one living unit that offers a formalized program for wards and inmates with substance abuse problems or the potential for substance abuse problems. • There is an Intensive Treatment Program and a Specialized Counseling Program to assist wards with severe emotional problems. • Wards in these treatment programs are housed in single bunked rooms. Findings: • The wards were living in a safe, secure and clean environment. • Staff appeared interested and cared about the ward’s progress in their treatment goals. • Wards interviewed were able to discuss program goals and their growth in these specialized programs. • The administrators, supervisors, counselors, custody staff, and other personnel have a good working relationship with each other and were very informative. The facility is managed in a professional and yet personable manner, with safety and security of staff and the wards the main concern. • The programs observed afford a ward the realistic opportunity to gain the personal skills and, the basic vocational skills to make a life change and become a productive citizen if he so desires.
• R11
  • None Educational and Vocational Programs: Facts: • The school at PYCF provides 67% academic classes and 33% vocational training. The academic classes concentrate on wards earning a high school diploma, GED or passing the California High School Proficiency Examination (CHSPE). • There is also a correspondence college program for those wards with a high school diploma or GED. • The teacher to student ratio is one to seventeen. 46 2002-2003 Grand Jury Final Report • Vocational training includes auto shop, computer graphics, graphic arts, culinary arts, restaurant service, general shop (orientation), janitorial and masonry. • The Ponderosa Fire Training Center, adjacent to the main institution, teaches physical fitness, teamwork, and fire science and safety to wards eligible for placement in Youth Conservation Camps. Ponderosa also has a community service work crew that does work for non-profit and public agencies. Findings: • The school at PYCF is very much like any school in California. • It is hard to compare year to year results from tests such as the STAR (Standardized Testing and Reporting) test and the High School Exit Examinations because the school does not have the same students each year.
• R12
  • None Main Kitchen: Facts: • The main kitchen at PYCF was built in 1898 and is one of the oldest in the CYA and is a historical landmark. • All wards at PYCF are served two hot meals and one sack lunch per day, for a total of over 1500 meals per day served. • Wards work in the kitchen doing meal preparation and cleanup and are supervised by kitchen staff and a Youth Correctional Officer. Findings: • The kitchen was clean and well maintained. • The floors are tile and often wet from food preparation, cleaning and mopping. A special soap is used on the floor, which eats the grease to prevent build up. • Where the floors were wet, no “caution wet floor” signs were displayed.
• R13
  • Place “caution wet floor” signs around any floors that are wet. Response Required: The Amador County Grand Jury requires a response to this report per California Penal Code Section 933.05. 2002-2003 Grand Jury Final Report 47 Amador County Unified School District 48 2002-2003 Grand Jury Final Report Amador County Unified School District Introduction: The 2002-2003 Grand Jury elected to review and evaluate the Amador County School District (ACUSD) pursuant to Penal Code 933.5. Previous Grand Jury Reports have noted deficiencies in the Transportation Department and the vertical communication between the various departments and the Administration, including the School Board. These problems led to the District being sued by the Amador County District Attorney (DA), which resulted in the suspension of bus service in the District for a month. The operation of unsafe buses could result in serious injuries to students and the general public. Such injuries would expose the District to legal liability, which could result in financial ruin for the District. Prior Grand Jury Reports have also noted that the District had failed to address safety issues set out in the Loss Prevention Survey done by their insurance carrier. These items if left unrepaired could easily lead to serious injury to students and others using school facilities. Compensating such injuries would strain the District’s already tight financial position. Further, a bond issue was passed to make improvements to the District infrastructure. The use of these funds in part to correct the safety issues set out in the Loss Prevention Survey could make the District not only safer but also fiscally more responsible by taking care of maintenance problems when they are small. Maintenance procedures in the Transportation Department and throughout the District were examined to determine why these safety issues remained unresolved Method of Evaluation: Members of the 2002-2003 Grand Jury conducted interviews, reviewed documents, and visited sites. For a complete list, please see
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  • The Board of Trustees should follow its own policy of providing leadership to insure that the bus fleet is safe for children and the motoring public, and to reduce the risk of financial liability for the district. • The Trustees should each work cooperatively with the Superintendent to “adopt” an operational area of the district, so that each Trustee develops on-going awareness of a part of the district’s functions. This would include regular site visits, discussions with staff, review of records, and condition of equipment and supplies. Working with the Superintendent: Facts: • A Trustee observed that the district has had five Superintendents in eight years, adding, “It has been one failure after another.” The most frequent complaints were that Superintendents have a tendency to withhold important information, and have not adequately informed Trustees of major issues. This includes his control of the Board agendas and meeting minutes, and failing to provide Trustees with specifically requested information. • The Superintendent and the Personnel Director make all the personnel decisions without prior input with the Board. • Several Trustees expressed strong support for the current Superintendent. But, they believed he minimized the problems with the bus service until the District Attorney and the California Highway Patrol addressed the Board. Another Trustee believes subordinates have withheld important information from the Superintendent regarding the transportation operation. • One Trustee said he felt the current Superintendent is preoccupied with the education component of the district, and has not given enough attention to support services, such as transportation, building maintenance, school yards, etc. Findings: • There is a consensus among these current and former Board members that effective working relationships with Superintendents have a history of difficulty in Amador County. • The current Superintendent enjoys more support from the Board than did his recent predecessors. • The Trustees have a passive attitude in working with the Superintendent, allowing him/her control of information, hiring, budgets, and union relations. • The frequent turnover of Superintendents adversely affects his/her ability to establish effective working relationships with Trustees. Recommendations: • The Trustees should be more assertive in requiring staff to keep them informed of important issues. • The Trustees should require accountability from the Superintendent. 2002-2003 Grand Jury Final Report 51 • The Trustees should follow established procedures to provide direction to the Superintendent. Ensuring Accountability: Facts: • In the past, some Superintendents hired friends and acquaintances for district jobs, regardless of qualifications. • Six of the eight Trustees said the Director of Transportation did not possess the formal qualifications for the job and there is no documentary evidence that the Director did possess the necessary qualifications. • There is a lack of performance accountability of personnel. Findings: • Favoritism undermines effective accountability, because friends cannot be expected to formally supervise each other, demand performance standards be met, or take appropriate disciplinary action. • Although the former Director of Transportation did not possess the proper qualifications for the job, the Trustees approved upgrading the position to Executive Director of Transportation and Maintenance, with added duties and a sizable pay increase. • There is no evidence of the Trustees having done anything to ensure effective personnel accountability. Recommendations: • The Trustees should follow the standards, guidelines and procedures laid out in the Amador County Public School Board Handbook. • The Board of Trustees should require performance standards, annual evaluations, and accountability to ensure that all staff are meeting job expectations. • Create full time bus driving positions for those that want them to increase job performance and satisfaction. This could be financed through the elimination of middle management positions in the transportation department. Administration and Supervision: Facts: • The Director of Personnel recommends to the ACUSD Board a successful candidate for employment. • The Director of Personnel maintains employee evaluations and reports to the ACUSD Superintendent. • The ACUSD Superintendent makes the final decision on a candidate’s qualifications for employment and has final authority with the Board of Trustee’s approval. • District policy requires certain classified managerial positions receive performance evaluations every two years. • Evaluations are not used in determining retention, pay raises, promotions or discipline of an employee. 52 2002-2003 Grand Jury Final Report • The Board has developed policies for discipline and performance but they did not include a progressive discipline policy. Findings: • The ACUSD Superintendent is responsible for maintaining policy and procedures. • Some jobs are filled in the district without regard to the qualifications for the position either as stated in the job description or as mandated by the requirements of the work. • There is no documented evidence the former Executive Director of Maintenance, Operations and Transportation met the requirements for that position based on education, training or experience. • There is no documented evidence that managerial positions receive written performance evaluations on a regular basis. • Any personnel evaluation done cannot be used for discipline in the absence of a Progressive Discipline Policy. • The Superintendent failed to adequately monitor the performance of the Executive Director of Maintenance, Operations and Transportation to ensure compliance with established policy and procedures. • The failure to address the inadequacies in established procedures and to revise them led to the crisis in the transportation department and its shutdown. Recommendations: • The Personnel Director should develop an accurate, up to date job description for all positions. • The successful applicant for any position should meet the mandated qualifications for the job as set out in the job description. • All employees within the ACUSD should be reviewed through evaluations, including management. . • ACUSD Personnel Director should inform the ACUSD Board of the failure by Department Heads to conduct evaluations. • The ACUSD Superintendent working in concert with the Personnel Director should identify any personnel problems and bring them to the attention of the Board of Trustees. • Once informed of a problem the Board should direct the Superintendent to take the necessary actions to correct the situation. • Managers and Supervisors should receive performance evaluations a minimum of once a year. • The Superintendent should more closely monitor subordinate employee performance to ensure compliance with established policy and procedures. Transportation Department: Background: The ACUSD Transportation Department provides bus transportation for Amador County students residing in various communities within the county. Prior Grand Juries dating back over five years have identified numerous problems within the Transportation Department that were not effectively corrected. Providing bus transportation service in the future will 2002-2003 Grand Jury Final Report 53 depend on the efficiency and effectiveness of the Transportation Department and the appropriate supervision of all employees. Function: For the 2002/2003 school years the ACUSD Transportation Department had 31 buses and supplied school bus drivers for transporting students to and from school, and mechanics to maintain the buses in a safe and functional condition. The office staff maintains the office answering telephones, monitoring schedules, driver absences and other clerical assignments. Facts: • The ACUSD Board suspended bus transportation during 1/03. • As mandated by state law, the California Highway Patrol (CHP) annually inspects the Maintenance Facility. • The CHP also periodically inspects the buses and the bus maintenance records. • Over the past four years, the CHP inspectors have cited numerous maintenance and safety violations on the buses. Several buses were red-tagged (placed out of service). • State Law requires the District prepare and properly maintain accurate vehicle maintenance records in order to be able to evaluate the fleet. • The Department has no training or certification records. • Bus drivers are daily required to perform and sign a Safety Inspection check-list on their bus prior to departure. • District maintenance records are of poor quality or are non-existent. • Currently there are 3 mechanics providing maintenance for 31 buses. • The fleet of buses dates back to 1968. • 8 new buses were purchased in 2002 utilizing state lottery money. • State lottery funds are a stable source of financing. • Buses manufactured in 1977 or earlier do not comply with Federal Safety Standards. • In 1999, the transportation department budget was cut by $600,000. • Budget cuts to the transportation department have directly affected the department’s ability to operate while at the same time maintaining the required level of paperwork. . • Current policy and procedures mandate that records of required daily vehicle inspections, periodic vehicle inspections and completed repairs be documented and maintained on file. Findings: • Supervision of employees is essential at all levels of the department for maximum efficiency and effectiveness. • The lack of supervision has led to buses not being maintained; paperwork not being filled out nor properly filed and the inability to correct the deficiencies. • The maintenance facility physical plant is below standard and in poor condition for providing proper maintenance. • There are an inadequate number of bus drivers (26) and qualified mechanics (3). • There is little paperwork to show that the bus drivers routinely performed their required daily safety inspection on their bus or completed the checklist prior to departure. • Mechanics spend time in the field making repairs. 54 2002-2003 Grand Jury Final Report • Replacing older school buses with newer school buses would result in improved safety, fuel cost savings and lower maintenance. • Buses manufactured after 1987 are safer for passengers in the event of an accident. • There is incomplete documentation verifying that periodic vehicle inspections, maintenance and service, and repairs have been completed as required by policy and mandated by state law. Recommendations: • Increase the number of mechanics and bus drivers employed in order to be able to properly operate and maintain the bus fleet. Create full time bus driving positions for those that want them to increase job performance and satisfaction. This could be accomplished by eliminating middle management positions. • Improve maintenance record keeping and documentation. • Develop a purchase plan and budget to allow for a new maintenance facility. This may be accomplished with the appropriation of funds from the Bond money. • Set up a schedule for bus purchases and use the available lottery money to purchase new or late model used buses on a regular basis. • Retire buses in the fleet that do not conform to the Federal Safety Standards. • Implement a computerized system that tracks when vehicle inspections are due, what maintenance and repairs are scheduled, and identifies when the items are completed. • Design and implement a tracking system within the Transportation Department to ensure timely completion and filing of mandated documentation. Safety Policy: Facts: • Workers Compensation and Liability issues are referred to the Tuolumne Joint Power Agency (JPA) Director. • California State Law requires all employers to have a written and implemented Illness and Injury Prevention program as mandated by SB 198 and as monitored by California Occupational Safety and Health Administration (CAL OSHA). • The District does not have a fully compliant Illness and Injury Prevention program or a designated safety manager. Findings: • Failure to have an Illness and Injury Prevention Program exposes the district to financial liability in the form of fines and penalties. Recommendations: • The Director of Personnel, in consultation with the Superintendent and approved by the Board of Trustees, should immediately develop and implement a district-wide Illness and Injury Prevention Program as mandated by law. • A safety manager should be designated to implement and oversee the Illness and Injury Prevention Program. 2002-2003 Grand Jury Final Report 55 Maintenance Department: The Maintenance Department is responsible for maintaining and refurbishing of district buildings and grounds, and is responsible for preventing fire, safety and health hazards. The department is headed by a director who is supervises the maintenance personnel. Background: The Maintenance and the Transportation Departments were combined in May of 2001. The departments were separated again on March 12, 2003 due to the problems in the Transportation Department. The Director of Facilities and Operations is currently vacant and the district is in the process of hiring a new director. The job description for the prior position of Director of Maintenance, Operations and Transportation states the director is responsible for supervising, training and evaluating the performance of assigned staff. The last time the Custodial/Grounds Manager was evaluated was in May 2000. Work Orders: Facts: • The Maintenance Department has a work order policy. A work order can be submitted by any district employee to request repairs or correct a safety, fire or health hazard. • Prior to filling out a work order form, the problem is brought to the attention of the site maintenance worker I. If the maintenance worker is unable to correct the problem he fills out a work order; it is signed by the maintenance worker and the site supervisor (a principal at a school). To expedite the work order it can be faxed to the Maintenance Office and two copies of the original work order are sent to the Maintenance Office. One copy is to be kept by the sending site. • The work order is logged by the Maintenance Secretary and given to the Maintenance Worker IV. The Maintenance Worker IV assigns the work order to a Maintenance Worker II or a Maintenance Worker III if he decides it doesn’t require approval for funds by the Superintendent or he believes the Maintenance Worker I can do the repair. When the work has been completed the work order is returned to the Maintenance Worker IV who gives it the Maintenance Secretary to be entered into the log as completed. A copy is sent back to the sending site. • The sending site logs the returned copy of the work order along with the original copy. Findings: • Six of Nine schools visited were properly following the work order policy. • The other three were sending all three copies of the work order to the Maintenance Office. They were not keeping a copy for their records. • Failure to follow the work order procedure makes it impossible to determine if necessary maintenance has been done. Recommendations: • District policy should be revised to show tracking of work orders and to provide follow up. It should also clarify the policy to include which color-coded copy goes where when submitting a work order. • Create a uniform record keeping system for work orders for each school. There should be no variations between school sites in the record keeping process. 56 2002-2003 Grand Jury Final Report • Train school personnel in how to use the work order system. Loss Prevention Survey Facts: • The job description for the Director of Maintenance, Operations and Transportation stated the director “shall work to establish adequate procedures and controls for the efficient, safe, and fiscally sound maintenance, upkeep and refurbishing of District buildings and grounds…” • Annually a Loss Prevention Survey is done as a requirement for the Tuolumne Joint Power Authority (JPA) as a part of the Relief loss prevention requirements. • The Loss Prevention Survey does not inspect all the buildings or rooms at a school or district site. • There has been a Loss Prevention report done in 2000, 2002 (special review) and 2003. As an example of some of the safety violations, in the 2000 survey, fire extinguishers, material safety data sheets (MSDS) and chemical inventories were noted as being in violation of state regulations. The fire extinguishers were in violation for not being present, not being inspected and certified and either not mounted or not mounted at the proper height. The MSDS sheets and chemical inventories were in violation for not being present in all areas where chemicals are stored. • Prior Grand Jury reports have noted that safety violations reported in the Loss Prevention Surveys were not corrected. • The last three Loss Prevention Survey investigations were all conducted in the month of November, by the same person. • District records show some items in the previous Loss Prevention surveys were signed off as corrected but still exist. • The 2003 Loss Prevention Survey showed twenty-seven violations relating to fire extinguishers through out the district. • There were seven violations of the MSDS and eight violations of the required chemical inventories through out the district. Findings: • The director has failed year after year to correct on going violations of state regulations. • The violations found in the January 2003 Loss Prevention Survey were similar in nature as the ones in November 1999. It appears the school district is using the Loss Prevention Survey to do their inspections for safety and liability just as the transportation department was using the CHP inspections on the buses for their vehicle maintenance. • There is no direction in the Maintenance Department. The department has no preventative maintenance plan. • The lack of proper record keeping makes it impossible to know what work has been completed. • In the absence of proper supervision and record keeping conditions deteriorate and pose a risk of serious injury to all who come to a facility. 2002-2003 Grand Jury Final Report 57 Recommendations: • Assign district personnel to inspect the fire extinguishers in the school district on a monthly basis as required by law. • Revise maintenance policy to insure that there is follow up on work orders submitted and safety violations noted. • Hire a new Maintenance department head as soon as possible and insure that the new supervisor improves communication between the department and the school sites and the department and the District office. Preventive Maintenance: Facts: • Buildings at Ione Elementary, Plymouth Elementary and the Jackson Jr. High School are in various stages of disrepair. The disrepair is due to exposure to the elements and water damage due to rain. • The 2000 Loss Prevention Survey noted numerous rooms at Ione Elementary, Plymouth Elementary and Jackson Elementary had evidence of major roof leaks. The ceiling tiles were stained and there were signs of mold and mildew growth. It should be noted that nearly all the schools in the county had rooms with these problems. The three schools above had the most rooms with these problems. See Appendix 3. • The 2003 Loss Prevention Survey also noted evidence of major roof leaks and signs of mold and mildew growth in school classrooms. • Leaking roofs and the growth of mold and mildew are considered “serious property/ liability risks” in the Loss Prevention Survey. These problems can cause poor indoor air quality (IAQ). • The United States Environmental Protection Agency (EPA) states “schools that fail to respond promptly and effectively to poor IAQ run the risk of increased short-term health problems, such as fatigue and nausea, as well as long-term health problems like asthma.” The EPA goes on to say that delay of remediation of IAQ problems can be costly and exposes a school to liability claims and lawsuits. • Recommendations of the 2001-2002 Grand Jury were for the school district to replace ceiling tiles that have mold and mildew growth immediately and to repair roof leaks and repaint the stained area so new leaks can be identified. • The response of the Superintendent of Amador County Schools to the 2001-2002 Grand Jury Report recommendations was these items were “done”. • Ione Elementary has an overhang that has been badly damaged by water and is in danger of collapse. Although reported to the Maintenance Department for repair in April of 2000 and again in July of 2000, the condition still exists. • Only six maintenance staff are assigned to perform all non-custodial maintenance and repairs for the entire school district. Findings: • The district has no Preventative Maintenance program. • At Ione Elementary school rooms 1, 6, 7, and 8 were noted in the 2000 Loss Prevention Survey and had not been corrected. Room 1 at Plymouth Elementary 58 2002-2003 Grand Jury Final Report School was noted in the 2000 Loss Prevention Survey and had not been corrected. See Appendix 3. • The 2002-2003 Grand Jury observed there was evidence of major roof leaks, stained ceiling tiles and signs of mold and mildew growth in rooms 1, 2, 5, 7, 8, 13 and the kindergarten room at the Ione Elementary school. These problems were observed in rooms 1, 2, 4, 8 and in the secretary’s office at the Plymouth Elementary School. These observations were made in early March of 2003. See Appendix 3. • The absence of a preventative maintenance program has allowed conditions to deteriorate that pose a risk of serious injury to those who use or visit the facility. • The non-custodial maintenance operation is very understaffed. Recommendations: • Replace ceiling tiles that have mold and mildew growth immediately. • Repair roof leaks and repaint the stained area so new leaks can be identified. • Use bond money to make needed repairs in order to avoid serious injury and financial liability. • Develop and implement a preventative maintenance program. • Hire additional maintenance staff. Response Required: The Amador County Grand Jury requires a response to this report within ninety days as required by Penal Code 933.05. 2002-2003 Grand Jury Final Report 59
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  • None. Organization: Facts: • The City Clerk works in a confined space in the general office with other employees. • The storage area for city records is inadequate. Findings: • The City Clerk requires more space and privacy so that interruptions by matters that could be handled by other employees will not occur. • The other city employees also need more room for themselves and their equipment. Recommendations: • A portion of the large meeting room should be partitioned off allowing the City Clerk and City Administrator the work area and privacy they require. • A section of the partitioned area should be set aside for books, documents, etc. required for daily reference. • The City Clerk should delegate more responsibility and provide cross training in office procedures to other employees. Response Required: The Amador Grand Jury requires a response per California Penal Code 933.05. 66 2002-2003 Grand Jury Final Report Special Districts 2002-2003 Grand Jury Final Report 67 PINE GROVE COMMUNITY SERVICE DISTRICT Introduction: The Grand Jury has elected to review and evaluate the Pine Grove Community Service District pursuant to Penal Code 925a. The unincorporated town of Pine Grove founded the Pine Grove Community Service District (PGCSD) to provide water to the residents. The PGCSD was chartered by the Board of Supervisors on August 17, 1965. The PGCSD services approximately three hundred and forty (340) customers. The PGCSD follows guidelines and regulations set by the State and County. A board of five directors governs the Agency. The board appoints the Water Manager, who supervises the day-to-day operations of the Agency. The PGCSD is a member of Central Amador Water Project (CAWP). CAWP is an organization of eight to ten (8-10) independent water districts. The Mokelumne River is the source of water for upcountry customers in the CAWP system; Pine Grove, Pine Acres, Sunset Heights, Fairway Pines, Jackson Pines, Pioneer, Gayla Manor, Ranch House Estates, County Service Areas 1 & 2, Ridgeway Pines, Rabb Park and Mace Meadows. The water is pumped from Tiger Creek to the Buckhorn tanks where it is treated and then stored. The water is distributed by a gravity fed system. Method of Evaluation: Members of the Grand Jury conducted interviews and reviewed documents. It should be noted that this review was limited to the administration of the Agency and not the physical plant or infrastructure. Persons Interviewed: Water Manager of the Pine Grove Community Service District President of the Board of Directors Documents Examined: The list of ten (10) CAWP Water Districts and their Board of Members. Amador Water Agency 2002 Annual Consumer Confidence Report. Water Quality Emergency Notification Plan. Water Quality Threat Condition Emergency Response Plan for the Homeland Security Advisory System. Sites Visited: Pine Grove Community Services District Office located at 19840 Hwy. 88, Pine Grove, Ca. 68 2002-2003 Grand Jury Final Report Water Supply Facts: • The PGCSD is capable of supplying 176,000 gallons of water daily. • In 1998-99 the PGCSD purchased and installed a 425,000 gallon storage tank.
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  • None Operation and Maintenance Facts: • The Water Manager staffs the office on a part-time basis, and monitors the water quality. • The Water Manager is responsible for maintenance of water lines, valves and replacement of meters. • The PGCSD maintains approximately 80 water hydrants. • The PGCSD has several ongoing projects, including Project A. • Project A consists of installing a loop line for continued flow through the system in the event of a line break or emergency.
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  • None. Water Rates Facts: • The PGCSD receives no County funds. • Income is generated through service fees.
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  • None Response Required: None. 2002-2003 Grand Jury Final Report 69 The Office of Emergency Services and County-Wide Disaster Preparedness Introduction: The 2002-2003 Grand Jury has chosen to examine the Office of Emergency Services and other agencies responsible for disaster preparedness in Amador County, pursuant to Penal Code section 925(a). Background: In 1995 the Amador County Board of Supervisors added Ordinance 1396 to the Amador County Code. Chapter 2.64 states in part, “the declared purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within this county in the event of an emergency; to ensure the continuity of local government; to guarantee the direction of the management organization; and to coordinate the emergency functions of this county with all other public agencies, corporations, and affected private persons." Chapter 2.64 creates a disaster council, which is chaired by the Chairman of the Amador County Board of Supervisors, and includes one representative from each of the five cities in Amador County, and the Emergency Services Coordinator. Chapter 2.64 also establishes a countywide operational area. A Joint Powers Agreement (JPA) between the county, participating cities and certain special districts within the county implement this operational area concept. The JPA consists of the following agencies: County of Amador, Cities of Amador City, Ione, Jackson, Plymouth and Sutter Creek, Amador County Resource Conservation District, Amador Regional Sanitation Authority, Amador-Tuolumne Community Action Agency, Rabb Park Community Services, Sutter Creek Fire District, Jackson Valley Fire Protection District, Amador Fire Protection District, Amador County Unified School District and Sunset Heights Community Services District. The Standardized Emergency Management System (SEMS) is the management system required by California Government Code § 8607 (a) Title 19 Division 2 Chapter 1 for managing responses to multi-agency and multi-jurisdiction emergencies in California. SEMS incorporates the use of the Incident Command System (ICS). Function: The Office of Emergency Services (OES) works in cooperation with law enforcement, fire services, emergency medical services, state agencies, federal agencies, utilities, private industry and volunteer groups to provide a coordinated response to emergencies and disasters. The OES employs a full time emergency 70 2002-2003 Grand Jury Final Report management coordinator. The coordinator is responsible for the management, planning, coordination and control of Amador County's emergency management program. Method of Evaluation: Members of the Grand Jury conducted interviews, reviewed documents and toured sites. Persons Interviewed: Office of Emergency Services Coordinator Jackson City Manager Amador Fire Safe Council Director and Manager Sutter Creek Police Sergeant. Radio Amateur Civil Emergency Services Representative Amador County Sheriff Jackson Valley Fire Protection District Chief Amador County Community Action Agency Representative Plymouth City Mayor Amador County Public Works Public Agency Director Mule Creek State Prison Public Information Officer Sutter Amador Hospital Emergency Coordinator Amador County Unified School District Superintendent Ione Elementary School Principal Ione Junior High School Principal Jackson Junior High School Principal Jackson Elementary School Principal Plymouth Elementary School Principal Sutter Creek City Administrator and Chief of Police Ione Fire Department Chief Amador Fire Protection District Chief Sutter Creek Fire Protection District Chief Documents Examined: 1996-97 Grand Jury report Amador County Sheriffs Office of Emergency Services Web Site Office of Emergency Services Web Site Disaster Preparedness Information Family Disaster Plan Family Disaster Supply Kit Disaster Preparedness for Pets and Large Animals Earthquake Preparedness Advice for Persons with Disabilities Sheriffs Posse Program Neighborhood Watch Program Search and Rescue Program 2002-2003 Grand Jury Final Report 71 Joint Powers Agreement 18 August 1998 Jackson Valley Flood Exercise Briefing Government Code Section 8607-8607.2 Standardized Emergency Management System Organizational Chart Emergency Response to Terrorism Job Aid Mule Creek State Prison Emergency Operations Plan Amador County Emergency Operations Plan Amador County Ordinance Number1386 Section II 2.64 of the Amador County Code County Resolution 96-150 and 98.317 Government code 8550 and 8668 California Emergency Services Act. Emergency Management Program Grant expenditures Sites Visited: Amador Fire Safe Council Office City of Amador City City of Ione City of Jackson City of Plymouth City of Sutter Creek Mule Creek State Prison Sutter-Amador Hospital Office of Emergency Services Amador County Unified School District Jackson Junior High School Ione Elementary School Sutter Creek Elementary School Plymouth Elementary School Jackson Elementary School Ione Junior High School Jackson Valley Fire Protection District Public Works Department Agencies associated with the OES: American Legion Ambulance California Department of Forestry California Highway Patrol Sutter-Amador Hospital Mutual Aid Organizations: Mule Creek State Prison Preston Youth Correctional Facility Pine Grove Youth Conservation Camp Volunteer Organizations: Radio Amateur Civil Emergency Service (R.A.C.E.S); Amador Fire Safe Council 72 2002-2003 Grand Jury Final Report Amador County Office of Emergency Services Facts: • The Amador County Office of Emergency Services (OES) is responsible for developing plans, procedures and operational capabilities to respond to any emergency situation that may affect Amador County. • The OES develops and strengthens comprehensive emergency management programs for the County of Amador.
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  • The County should continue to acquire needed equipment and provide the required training for personnel in order to form a DECON team. 2002-2003 Grand Jury Final Report 73 Facts: • The Office of Emergency Services Emergency Operations Center (EOC) is presently located at 700 Court Street, Jackson, in the Amador County Sheriff’s squad room. • The Sheriff’s Department squad room is used for the EOC. • Upon the declaration of an emergency the EOC becomes the operational headquarters of command personnel for communication and coordination of field recovery operations.
• R20
  • Move the EOC to larger quarters. Establishing an adequate Emergency Operation Center should have the highest priority for the Board of Supervisors. Amador County Operational Area Organization – Amador Disaster Council The Operational Area Organization’s mission is to develop and maintain the capability to respond to and recover from emergencies and disasters. Facts: • The Board of Directors of the Amador Operational Area Organization is comprised of the same members as the Amador Disaster Council Board of Directors. • The Amador Operational Area Organization meets quarterly. Findings: • The quarterly Meeting is also part of the Disaster Council’s semi-annual required meeting. • Attendance by city representatives to the quarterly meetings has been sporadic. A representative of one city has not attended the past four meetings; another city representative had attended only one of the past four meetings. Recommendations: • Combine the Operational Area Organization and the Disaster Council into one board. • The cities and special districts should become more involved in the proceedings of the Amador Operational Area Organization. • The cities should have a designated representative who will regularly attend the quarterly meetings. 74 2002-2003 Grand Jury Final Report Facts: • The Amador County Operational Area Organization plans and conducts a yearly countywide disaster exercise. Findings: • The OES has had a county-wide disaster training exercise the past two years. • The exercises have been attended by county wide agencies, utilities and volunteer organizations that would respond to emergencies and disasters. • The disaster exercises are well organized and are providing the various groups the necessary training to respond to emergencies or disasters. • The exercises provide training for emergency personnel using the “Standardized Emergency Management System” (SEMS) with the use of the “Incident Command System” (ICS). • The Amador Operational Area Organization does an effective job of promoting public awareness in disaster preparedness. Recommendations: • None Facts: • The Amador Operational Area Organization disseminates information at county functions, to schools, the local media and on the internet. Findings: • The OES website has extensive information on disaster preparedness. Recommendations: • Continue to increase public awareness and encourage the cities and special districts to promote and encourage disaster preparedness. • Increase the outreach programs to make the public aware of the information that is available for disaster preparedness. • Host public forums on homeland security and emergency plans. Facts: • The Amador Operational Area Organization assesses and improves preparedness and response for acts of terrorism. Findings: • The OES is working to improve response to potential emergencies, disasters and acts of terrorism. • OES conducts the annual county-wide disaster exercises. • OES uses opportunities to participate in other exercises, such as the annual Statewide Medical and Health Disaster Exercise. 2002-2003 Grand Jury Final Report 75 Recommendations: • None Annual Countywide Disaster Exercise The County OES annually plans, coordinates and conducts a county wide large-scale disaster exercise that that involves a multi-agency response. Facts: • On May 23, 2002 the Amador County Sheriff’s Office of Emergency Services, the Amador County Sheriff’s Office and the California Department of Forestry and Fire Protection conducted the annual county-wide disaster exercise (Jackson Valley Flood). • This exercise was a “Table Top Exercise”, in which all participants met at the EOC to deal with a simulated disaster. • The exercise was held in Sutter Hill at the American Legion facility. Findings: • One hundred and ten participants from 20 county departments and 34 other government and private agencies participated in the exercise. • The after-exercise critiques by participants stated that the exercise was informative and provide necessary training to respond to an emergency • Most attendees had positive comments about the training exercise. • The table top exercise was held at the American Legion Hall because the EOC is too small to accommodate the participants of the exercise.
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  • An adequate facility for the EOC should be found. Fact: • The participants were grouped at one table for the exercise.
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  • Use separate tables for the various groups to facilitate planning discussions. Fact: • There was a pre-exercise meeting held May 2, 2002 for the participants to review the exercise plan. 76 2002-2003 Grand Jury Final Report Findings: • Some of the participants were confused about the stages of the exercise scenario. • Several Agency representatives did not attend the pre-exercise meeting. • Some participants were not familiar with the County EOC organization or the SEMS method of response Recommendations: • The pre-exercise plan needs to be reviewed as a group prior to the exercise to ensure that all participants are familiar with the exercise plan. • The date of the pre-exercise meeting should be held closer to the date of the exercise. • All participants should attend the pre-exercise meeting. • The OES Coordinator should make a short presentation on SEMS prior to the beginning of the exercise. 2002 Statewide Medical and Health Disaster (“Dirty Bomb”) Exercise On November 14, 2002 the State of California Emergency Medical Services Authority conducted the 2002 Statewide Medical and Health Disaster (“Dirty Bomb”) Exercise. Facts: • The OES decided in conjunction with the “Dirty Bomb” exercise that the OES would conduct a tabletop exercise to determine the response capabilities in the event of an intentional release of radiological contaminants. • The scenario for the exercise was a “Dirty Bomb” explosion at Argonaut High School in the City of Jackson. • The tabletop exercise was held at the General Service Administration GSA office at12200 Airport Road Sutter Hill. • The following agencies participated in the tabletop exercise: Amador County (AC) Sheriff's office, Jackson Police Dept., AC Environmental Health, Ione Police Dept, Ca. Highway Patrol, AC Public Health, AC Social Services, California Department of Forestry (CDF), Sutter Amador Hospital (SAH), American Legion Ambulance, Jackson Fire Dept., Radio Amateur Civil Emergency Services (R.A.C.E.S.) and Amador County Unified School District. • Approximately seven doctors and nurses and two hospital members (medical team) were involved at the hospital ER entrance. • Communications were through two-way radios and ham operators. • The medical team was prepared to evaluate each victim and used a radiation detector to determine contaminated and non-contaminated patients. • After receiving emergency treatment, patients were tagged and admitted to the hospital by administrative staff. • Signs were posted at hospital entrances announcing the Disaster Drill. • During this exercise, the hospital staff performed effectively and efficiently; their extensive training is very evident. 2002-2003 Grand Jury Final Report 77
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  • The County should continue to acquire the necessary equipment and provide the training needed to form a DECON team. Members of the Amador County Operational Area Organization The following cities and districts which are participants of the Amador County Operational Area Organization (Joint Powers Agreement) were separately investigated as to their emergency and disaster preparedness. Amador County Unified School District: On February 4, 2003 members of the Grand Jury visited the Amador County Unified School District (ACUSD) to discuss and view emergency evacuation documents in the event of an emergency or disaster. Fact: The Superintendent provided the following information about the District’s emergency plan: There is an emergency evacuation plan booklet in each classroom. The schools follow the SEMS Command. There are primary and back up evacuation sites. There is a command post and alternate command posts for each school. Transportation will be conducted by school buses unless the student can or will be picked up by private vehicle. No student will be released to a private vehicle unless there is a signed release form on file by a parent or designated person. All teachers are provided with roll call documentation for their class and will conduct the roll call. Communication is currently conducted by phone, cell phones and radio. The District will look into the feasibility of purchasing ham radios. Police Departments will be on alert to direct traffic. A committee is being formed to determine 78 2002-2003 Grand Jury Final Report additional command posts. The ACUSD has a comprehensive evacuation plan in the event of an emergency or disaster. In order to verify how well the individual sites are complying with the requirements of the ACUSD emergency plan, the Grand Jury visited six schools, which were felt to be a good cross-section of the district. The Grand Jury encourages all schools in the district to review and update their emergency plans; no responses are required from schools that were not visited. Jackson Junior High School was visited on February 11, 2003.
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  • An intercom system should be installed or an EnGenius phone system should be obtained. Jackson Elementary School was visited on February 11, 2003. Findings: • A clear map of the evacuation plan was visible in the Principal's office and in several other locations in the school. • Emergency numbers were posted both outside and inside the Principal's office. • The EnGenius phone system is used. • Drills are conducted twice a month. • Red and green directional cards are used. • A "buddy" system similar to that at Ione Elementary School is in place. • During a drill all students have to be accounted for. • During a drill if a student is missing, an instructional aide stays with the class while the teacher looks for the student. • The Principal and staff have a good understanding of the SEMS. Recommendations: • None Ione Junior High School was visited on February 21, 2003. Findings: • The bulletin board in the main office did not have a visible evacuation plan. • A printed binder and detailed maps and description of evacuation procedures are located in every classroom. • Drills are performed every month. • There is a new phone system that includes an inter-com and voice mail. There is instant access to all rooms. • In the absence of the Principal, the campus supervisor or another teacher is in charge. • In the event of an actual emergency, all office records and medical records of the students would be carried with teachers and staff to safe locations 80 2002-2003 Grand Jury Final Report • The emergency evacuation plan was not displayed.
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  • Material relating to emergency planning should be clearly visible in the school office. Sutter Creek Elementary/Primary School was visited on March 12, 2003. Findings: • The evacuation and safety procedures are in the classrooms and the Principals office. • The Principal and the teachers are assigned certain classrooms for evacuation and safety in both the primary school and the elementary school. • Both schools regularly conduct safety drills. • Teachers and Principal meet once a week of safety issues. Recommendations: • None Cities of Amador County Disaster Preparedness City of Jackson Facts: • The City Manager is responsible for activating the City of Jackson emergency operation plan. • The City Manager has control over the emergency plan. • The City has one general emergency plan that is used for all emergencies.
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  • Organize the emergency operation plan into individual plans for various emergencies. Facts: • In an emergency the City uses the police department facilities as the command center. • The City has a communications room that can communicate with other agencies and the OES.
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  • Complete the various site layout plans of each school. Fact: • Jackson city police have been trained using Standard Emergency Management System/Incident Command System (SEMS/ICS) for responding to emergencies.
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  • Train all city employees in disaster procedures. Fact: • The City of Jackson has recently entered into an agreement with the Amador County Fire Protection District to provide additional “paid” staff to man the fire-house in Jackson.
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  • A City representative should regularly attend the Amador Operational Area Organization quarterly meetings. City of Amador City: The Grand Jury did not interview a representative from the City of Amador City for this report. Fact: • According to OES records, a city representative of the City regularly attends the quarterly meetings of the Amador Operational Area Organization.
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  • The District should obtain grants, loans or consider further rate increases to finance the needed capital improvements. Record Keeping: Fact: • The District maintains records necessary to comply with all requirements of the regulatory agencies.
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  • None Water System: Facts: • At the time of our tour the District was preparing to put the Consumnes River water treatment facilities into operation. • When the river flow drops below 15 cubic feet per second (cfs) the District is required to cease drawing water from the river. • The District has recently removed sediments in the riverbed that had been blocking the water intake. Findings: • The river as a source of water is limited to the flow (15 cfs) of the river. • The water is available from the river usually between the months of December to May. This period of time may be longer or shorter depending on the length of the rainy season. 90 2002-2003 Grand Jury Final Report
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  • The District needs to develop a reliable alternate source of potable water that meets the requirements for safe drinking water. Fact: • The treatment plant utilizes the “Slow Sand Filtering System” to filter out the microscopic particles from the raw water. This system also treats and removes undesirable algae from the raw water. The processed water is then chlorinated and is ready for domestic use.
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  • Modify river water treatment plant “Slow Sand Filter System” to minimize the out of service time. Fact: • The treatment plant does not have standby power in the event of a power failure.
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  • The District should obtain a portable standby generator that could be used at the river treatment plant and at the well sites. Facts: • When the District is required to cease drawing water from the river, the district then draws water from the two District wells, No. 2 and No. 6R. Well No. 2 produces 25 gallons per minute, and it is only used to augment district water needs. Well No. 6R is the primary source of water when the river source is discontinued. Well No. 6R water is not treated, and it regularly does not meet the minimum water quality requirement. The District personnel state that a pond and a septic system located near well 6R is a possible reason this well fails to meet the minimum water quality requirements. The failure of well 6R to meet the minimum water quality requires the State Regional Quality Control Board to issue the “Boil Water” requirement to District customers. • The District is in the process of procuring a grant to install a treatment system for well 6R. • Plans for treatment facilities for Well No. 6R are being prepared by a local Civil Engineering firm. • The improvements to well 6R are to be financed by a grant of $350,000.
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  • The District needs to increase the storage facilities for treated water. Facts: • Water is distributed from the storage reservoirs to customers through transmission lines. The largest of these water transmission lines is 6 inches in diameter. The 6-inch water transmission lines were installed in 1985. • Many customer services lines are old, under sized and are in poor condition.
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  • The District should replace old and inadequate lines. Sewer Collection and Treatment Facilities: Background: The sewer collection and treatment facilities were constructed in 1985. The collection system consists of sewer lines, manholes, service lines and three sewage lift stations. The collection system uses a combination of gravity and lift stations to convey the sewer influent to the treatment facility. Fact: • There are no violations or complaints from the agencies that regulate the operation of the sewer system at the time of this report.
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  • Retrofit the sewer lift stations with a phone dialup or radio alert system to warn operators of a station failure. Fact: • The treatment plant was constructed at the same time as the collection system (1985). It consists of two aeration ponds, one holding or finishing pond and a spray disposal field. Findings: • The treatment plant is operating within guidelines and regulations of the State Regional Quality Control Board. • Weed control within the treatment plant is accomplished with two goats. Recommendations: • None Response Required: The District must respond to this report per California Penal Code 933.05. 2002-2003 Grand Jury Final Report 93 Citizen Complaints 94 2002-2003 Grand Jury Final Report Introduction Throughout its term, the Grand Jury receives complaints filed by citizens. Serious consideration is given to each complaint. Responding to a citizen complaint may prompt the Grand Jury to conduct a full investigation of the subject matter of the complaint. A copy of the complaint form is located in the
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  • Proceed with the plans for consolidation and outsourcing. Agency Response: The AWA agrees and supports the recommendation for consolidation of Improvement Districts within the Agency’s jurisdiction. This recommendation has not yet been implemented, but will be implemented as part of our Long Term Strategic Plan, scheduled for initial studies in fiscal year 2002/03. The AWA agrees and supports the recommendations to outsource billing statements. The recommendation has been implemented as part of the Long Term Strategic Plan as of July, 2002. County Service Areas (CSA) Findings: • The County Service Areas 1, 2, 3 and 4, owned by Amador County, are now being serviced by AWA under contract with the county. • It is anticipated that the assets of the CSA’s will be transferred to AWA by July 2002, at which time they will be owned and operated by the Agency. • The 2000/2001 Grand Jury preformed a complete comprehensive review of CSA 3. • The Water Agency has reviewed the 2000/2001 Grand Jury report and is addressing each recommendation in conjunction with the California Water Quality Control Board. Agency Response: The AWA agrees with the findings. 102 2002-2003 Grand Jury Final Report Recommendations: • None Water Rates and Public Notification Findings: • For each proposed rate change, AWA must incur multiple administrative costs for each district including budget, accounting, legal review, Proposition 218 compliance, and special board meetings, mailings and special reports to the State regulatory agencies. • There is sufficient notice to customers of rate changes. • The present structure of multiple rates is a cumbersome and costly method of accounting. Agency Response: The AWA agrees with the findings.
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  • It is recommended that AWA adopt a single rate for potable water and a single rate for waste water. Agency Response: The AWA generally agrees with the concept to adopt a single rate for potable water and a single rate for wastewater by consolidating improvement districts when economically viable. Efficiencies can be gained and the cost of service is similar between the various improvement districts and areas. This recommendation has not yet been implemented, but will be implemented as part of our Long Term Strategic Plan, scheduled for review and initial study in 2003-2004 for water rates in Improvement Districts 1,2,3, and 4 and CSA’s 1,2, and 3 and for 2002-2003 for Wastewater Improvement Districts 2,3,4,5,6,7,8 and 9 and CSA’s 3 and 4. Water Safety Findings: • AWA has taken all the necessary corrective steps to ensure compliance testing of backflow devices. • AWA now has an adequate system in place for notifying customers of backflow testing requirements and time frames. Agency Response: The AWA agrees with the findings. Recommendations: • None 2002-2003 Grand Jury Final Report 103 Future Water Needs Findings: • The AWA recognizes that the county’s present water supply may have to be augmented in the future and is planning for such a contingency. Agency Response: The AWA agrees with the findings. Recommendations: • None 2002-2003 Grand Jury Comments: The Agency response was received by the 2002-2003 Grand Jury on August 28, 2002 from the General Manager. The Response was timely and complies with the requirements of California Penal code 933.05. The Agency was contacted concerning outsource billing. Implementation of outsource billing has freed up staff for other tasks. However, several of the recommendations will not be studied and/or implemented until 2003. Therefore, the Grand Jury will refer this matter for additional follow up in the next two years. 104 2002-2003 Grand Jury Final Report Child Protective Services Follow Up Report Introduction: The 2001-2002 Grand Jury has elected to review and evaluate Child Protective Services (CPS) pursuant to Penal Code 925. The function of Child Protective Services (CPS) in Amador County is to investigate all allegations of child abuse, offer services to families in turmoil, to remove children from dangerous or potentially dangerous living situations, to aid in the reunification of families when possible, and to provide permanent solutions for children who cannot return to their homes. Findings: • Amador County CPS personnel are well trained, dedicated, and efficient. This is evidenced by the low turnover rate and high quality of their work, as noted in the recent Federal Review. Response Department Head: We agree that the Amador County ÇPS personnel are well trained, dedicated and efficient. Response Board of Supervisors: The Board agrees with this finding. Findings: • Amador County CPS managers have taken adequate precautions to ensure the safety of social workers. Response Department Head: We agree that the Amador County CPS managers have taken adequate precautions to ensure the safety of social workers. Response Board of Supervisors: The Board agrees with this finding. Findings: • There is no possibility of hiring temporary replacements for social workers. When a social worker is out on an extended leave, the caseload increases significantly on the remaining social workers, causing excessive stress. 2002-2003 Grand Jury Final Report 105 Response Department Head: We do not agree that there is no possibility of hiring temporary replacements for social workers on a leave of absence. There simply has not been anyone to date who is qualified and willing to accept his assignment. Response Board of Supervisors: The Board agrees with the Department Head that the possibility does exist to find temporary replacement workers. Different recruitment strategies may need to be reviewed to address this situation.
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  • Expand the staffing at CPS to allow for reasonable coverage of cases when social workers are forced to fill in for the absent co-workers. Response Department Head: We partially disagree with the recommendations to expand CPS staffing to allow for reasonable coverage of cases when social workers are forced to fill in for absent co- workers. Budget constraints do not allow us to hire additional staff. We will look at this area again during budget hearings. Response Board of Supervisors: The County will not implement this recommendation. While additional staff would most likely enhance coverage, new positions cannot be added due to current State budget constraints. Child Protective Services (CPS) is a program that, while administered by the County, is funded by the State. Unfortunately, the status of the State budget makes it very unlikely that the resource will be available to support additional staff positions. Findings: • There is cohesiveness between social workers, peace officers, and school personnel that results in the child’s needs being met in a timely and sensitive manner Response Department Head: We agree there is cohesiveness between social workers, peace officers, and school personnel that results in the child’s needs being met in a timely and sensitive manner. Response Board of Supervisors: The Board agrees with the finding.
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  None. 106 2002-2003 Grand Jury Final Report Findings: • Social workers do not have peace officer status, and as such, cannot enter a home to remove a child. Response Department Head: We agree that social workers do not have peace officer status, and as such, cannot enter a home to remove a child. Response Board of Supervisors: The Board agrees with this finding. Recommendations: None Findings: • Family visitation is financially difficult for some parents whose child/children are living in foster care. Response Department Head: We agree that family visitation is financially difficult for some parents whose child/children are living foster care. Response Board of Supervisors: The Board agrees with this finding. Findings: • More licensed foster family homes in Amador County would be advantageous to children in foster care and their families, and would be less costly for the County. Response Department Head: We agree that more licensed foster family homes in Amador County would be advantages to children in foster care and their families, and would be less costly for the County. Response Board of Supervisors: The Board agrees with this finding. Findings: • Foster parents certified through foster family agency homes prefer to be certified through an agency rather than to be licensed through the state. They feel protected by their agency in liability matters and appreciate additional support given by the agency. Response Department Head: We agree that foster parents certified through foster family agency homes prefer to be certified through an agency rather than be licensed through the State. 2002-2003 Grand Jury Final Report 107 Response Board of Supervisors: This is not an issue for which the Board has received supporting information, thus the Board cannot agree or disagree with this finding.
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  • Establish a system to monitor vehicular traffic entering and leaving the camp property. Agency Response: Pine Grove YCC is exploring systems available to monitor vehicular traffic entering and leaving the Camp. After we identify the type of system we need, a Budget Change Proposal (BCP) will be written to justify an expenditure of funds. At this time, budget constraints have had a major impact on the purchases at Pine Grove YCC.
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  • Fill the vacant nurse position as soon as possible. Agency Response: The nurse vacancy at Pine Grove YCC was filled in March 2002. Debra Lehman is the Registered Nurse filling the position and she is a great addition to the team. 2002-2003 Grand Jury Comments: Members of the Jury visited the Camp, met with the Superintendent and two other members of the staff in an informal interview. The Camp is located at the end of a ‘dead-end’ street, and although the camp is fenced on the perimeter, it is not ‘gated’ or enclosed. The Superintendent informed the Jury of people arriving, thinking that the “Pine Grove Conservation Camp” sign meant a park for recreational vehicles. Although Staff quickly acknowledges visitors/vehicles arriving, the Superintendent and his staff desire an electronic surveillance system for the entrance. The Superintendent informed the Jury that the Governor has requested a 20% budget reduction for all agencies, which will affect the Camp. In light of budget restrictions, the probability of the Camp being able to purchase an electronic surveillance system at this time is remote. The jury was informed of the positive aspects of having the nurse on site two days a week, and available for emergencies at other times. There is a doctor on call and available for emergencies. The Agency filed their Response in a timely manner and in accordance with the requirements of Penal Code section 933.05. 110 2002-2003 Grand Jury Final Report Amador County Detention Facility Follow Up Report Introduction: The Grand Jury is required annually, to review all prisons and jails within the county as per the California Penal code section 919(b). The Amador County Detention Facility (Jail), under direction of the sheriff, serves as the sole incarceration facility for both pre-trial and sentenced male and female inmates. With the exception of the Jail Commander, the custodial staff is comprised of professional Correctional Officers with the responsibility for overseeing both maximum and minimum-security inmates 24 hours a day, seven days a week. They are required to transport inmates to and from court and medical facilities and supervise work details outside the jail. Food Services Findings: • Inmate meals are adequate and nutritionally sound. • Acquiring meals from Stanislaus County is a financially sound method of providing food to the inmates, at the Amador County Detention Facility. • The meal storage and reheating facilities at the jail are presently in an extremely crowded area, the current remodeling plans will alleviate this problem. Response Department Head: The Sheriff agrees with the findings of the Grand Jury. The Sheriff’s office continues to face the challenge of providing meals to the inmate population in a facility that was built without a kitchen. The county hospital originally provided meals for the jail, however the county sold the hospital to private industry and meals were no longer available from that source. Several changes in meal vendors have occurred since then. Two years ago, the Sheriff’s office obtained the cooperation of the Stanislaus County Sheriff’s office to provide “retherm” meals to Amador County. An interim retherm kitchen was added to the jail facility. There are currently efforts to build a new retherm kitchen as part of a remodel project for the jail. The California Board of Corrections and the California State Fire Marshal recently approved the plans for the remodel. The next step in the construction process is the Board of Supervisors requesting construction bids for the actual construction of the project. It is the Sheriffs understanding that the request for construction bids should occur within the next two months. The majority of funding for this project is being taken from the Sheriff’s award from the State of California under the Rural Crime Prevention Act of 2001. Response by the Board of Supervisors: The Board agrees with this finding Recommendations: • None 2002-2003 Grand Jury Final Report 111 Inmate Housing Findings: • With increased population in the county and surrounding areas, along with increased visitors, the overcrowding situation will continue and may even increase. 24 2001-2002 Recommendations: To the Board of Supervisors • The Board of Supervisors should reactivate the plans to build a minimum-security facility. Response by the Board of Supervisors: The Board partially agrees with this finding. As noted by the sheriff, alternative solutions are currently being pursued which may help alleviate future overcrowding. The ten-year Capital Improvement Plan for the county does include construction of a minimum-security facility. Unfortunately, however, there are currently insufficient funds within the Capital Improvement Reserve Fund account to initiate this project. Funded projects include the Sheriff’s Office Administrative Office Expansion, renovations to the existing jail, the new courthouse, and Animal Shelter. The majority of the funding for the jail renovations will come from the Sheriff’s award from the State’s Rural Crime Prevention Act of 2001. In addition to construction costs, a new minimum-security facility would have significantly increased operational costs, which cannot currently be supported by the General Fund. The Board supports current planning efforts being conducted to identify alternative solutions including home electronic monitoring and work programs. Recommendations: To the Amador County Detention Facility: • Investigate other options for housing minimum-security inmates, such as space that may be available at Preston. Response Department Head: The Sheriff agrees with the findings and recommendations of the Grand Jury. The Sheriff agrees with the long-term solution to jail crowding is the construction of a minimum- security facility. How ever, the Board of Supervisors, out of necessity, has committed all of the currently available county capital improvement funds to the construction of a new courthouse and animal shelter. The county lacks construction funds or more importantly funding for the ongoing operational costs of a minimum-security facility. The county needs to address the funding of both the construction and on going operational costs before a minimum-security facility could move forward. The Sheriff agrees with the Grand Jury that an interim solution to over crowding is to pursue other options for the housing of minimum-security inmates. The Sheriff has in the past and continues to investigate other options for the housing of inmates. The recent early release of inmates due to over crowding is the least acceptable of options. However, out of necessity it is the option that the jail has resorted to in an effort to stay within the Board of Correction rate of capacity. 112 2002-2003 Grand Jury Final Report The Sheriff’s staff has specifically met with the administrative staff of the Preston School of Industry, CYA Facility in Ione. Preston does not have available space that could be used by the Sheriff to house prisoners. If there were available space at Preston, it would be nearly impossible to construct a sufficient site and sound barrier between the CYA wards and the jail inmates to satisfy state standards. Currently the Sheriff’s office s working with the Superior Court, Probation Department, District Attorney, County Administration Officer and Public Defenders office to explore the implementation of a “home electronic monitoring” program. The effort is to provide an alternative to incarceration for up to approximately twenty inmates at a time. Thereby, removing up to twenty inmates from the jail population. However, such a program has costs, a request for funding has been submitted by the Sheriff and the Chief Probation Officer during the county final budget hearing process in August and September of 2002. Staffing Findings: • The, most recent reports from the California Board of Corrections give positive marks to operations and line staff attention to standards. • Low staffing levels due to vacancies lead to poor staff morale. Low morale can have a detrimental effect on inmate conduct. • The, lack of a Correctional Manager position not only limits the effectiveness of supervision, but also limits the promotional opportunity, recruitment and retention within the jail. Recommendations: To the Board of Supervisors: • Add one Correctional Officer to the staffing plan as described in the staffing plan of March 2000. • Authorize a new Correctional Manager position as described in the staffing plan of March 2000. Response by the Board of Supervisors: The Board refers to the Sheriff’s response for this non-fiscal finding. The Board partially agrees with this response. Low staffing levels can lead to low morale, however, managerial options exist which can assist in maintaining or enhancing morale. The Board continues to work closely with the Sheriff in not only monitoring vacancies, but also budget conditions. The Board partially agrees with this finding. Additional positions can increase promotional opportunities, however, due to the State Budget situation, alternative options need to be assessed to maintain and enhance the effectiveness of supervision as well as recruitment and retention within the jail. Recommendations: To the Amador County Detention Facility: • Continue an aggressive Correctional Officer Recruitment program for filling vacant positions. 2002-2003 Grand Jury Final Report 113 Response Department Head: The Sheriff agrees with the findings and the recommendation of the Grand Jury relative to staffing. The Sheriff has been engaging in an aggressive recruitment effort to fill the vacant positions in the jail. The Sheriff’s office has advertised on radio, in newspapers, free local advertising handouts, at job fairs, on the Internet, and at law enforcement academies. The Sheriff is committed to continuing these efforts. The recruitment efforts are currently a dead end project. The County has imposed an interim-hiring freeze countywide. While the Sheriff has obtained authorization to fill one vacant position, there are still five vacant positions that may not be filled due to the hiring freeze. The Sheriff is hopeful that when the state finally passes their budget, the county will be able to pass the county budget, with authorization to fill the vacant positions. Operations: Findings: • The procedural guidelines for recording information in the Jail Incident Log are inadequate and vague leaving interpretation up to the individual Correctional Officers. Recommendations: • Establish clearly worded procedures for reporting incidents that eliminate inconsistent interpretations by staff members. • Implement a "fail safe" method that insures consistent entries in the Incident Log. Response Department Head: The Sheriff agrees with the findings and recommendations of the Grand Jury. In response, the Sheriff’s staff is doing two things. The first is to advise the guidelines to staff, within the jail policy manual on incident reporting. This has been accomplished and implemented. Line and supervisory staff have been briefed on revised guidelines for incident reporting. The Sheriff’s staff recently installed new software for the jail management system. The staff is working with the software vendor to create a ”fail safe” system that requires supervisory oversights and approval of all entries in the incident reporting system. This should be completed in August 2002. Supervision Findings: • The lack of continuity of management and supervision has an adverse effect on staff morale and also affects the attitude, demeanor and actions of inmates. • The effectiveness of supervision would improve with the addition of a Jail Manager. 114 2002-2003 Grand Jury Final Report • Vague guidelines lead to inconsistent supervision as noted in the Operations section above. Recommendations: • Establish the position of Correctional Manager as recommended in the Staffing section above. Response Department Head: The Sheriff agrees with the findings and recommendations of the Grand Jury. A staffing plan reflecting the addition of a Correctional Manager was submitted to the board of supervisors in March of 2000. The Board of Supervisors has not authorized nor funded this position in any subsequent budget. The initial guidelines from the Board of Supervisors for the submission of budget request for fiscal year 2002-2003 indicated that the various departments should submit no request for new positions. This was due to the uncertain financial future of the county. While it is up to the Board of Supervisors to fund and authorize a new position of Correctional Manager, the Sheriff understands the uncertain financial future of the county. When funding is available, the Sheriff is confident that the Board of Supervisors will agree additional supervision and management of the jail system is essential. Inmate Medical Services Findings: • The registered nurse saw inmates who requested sick call in a timely manner. • Medical records including Doctors Orders, Problem List, Progress Notes and photographs were found to be legible and in order. • Inmates were advised as to their assessment plans and follow up care. Inmate patient contacts by the registered nurse are reviewed by the detention physician. Response Department Head: The Sheriff agrees with the findings of the Grand Jury. In 1999, the Sheriff and the Board of Supervisors formed a public/private partnership with California Forensic Medical Group to provide contract medical care to the inmates of the Amador County Jail. The relationship has resulted in a substantial improvement in the medical program for the jail. The program has also resulted in cost containment for what had been rapidly increasing medical costs for the jail. Recommendations: • None 2002-2003 Grand Jury Comments: The Agencies Response was timely and complied with the requirements of Penal Code 933.05. 2002-2003 Grand Jury Final Report 115 Senior Services Follow up report Introduction: The 2002-2003 Grand Jury elected to review and evaluate Senior Services pursuant to Penal Code 933.6. The Area 12 Agency on Aging is charged with addressing issues affecting older individuals, adults with disabilities, their families and caregivers. In Amador County, two distinct organizations provide senior services. Amador County Senior Citizens manages and maintains the Amador Senior Center building. Common Ground Senior Services, Inc (CGSS). provides nutrition, legal assistance, transportation and a portion of the information and assistance programs. Home Delivered Meals
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  • Immediately develop and implement a plan of action to quickly move handicapped children in case of fire or emergency. Response by ACUSD: Done Buses Findings: • Current bus maintenance staffing numbers are less than recommended according to the letter dated April 12, 2002. Response by ACUSD: 2002-2003 Grand Jury Final Report 121 Agree. Current bus maintenance staffing levels may be less than recommended in an April 12 letter; however, the CHP did not recommend staffing numbers. Prior to the CHP March 2002 inspections, the District had contacted the State’s Fiscal Crisis Management and Assistance Team (FCMAT) for a transportation study. At that same time, it took the first steps to replace older vehicles. In April and May the District implemented many of FCMAT’s recommendations, including additional support in bus maintenance staffing and the purchase of eight new buses. In September 2002 the District and its insurance provider began evaluating transportation facilities, procedures and record-keeping. • Extra man hours and overtime expense would be reduced with routine scheduled bus maintenance. Response by ACUSD: Agree • Insufficient funds have been budgeted to provide necessary maintenance or to replace buses. Response by ACUSD: Agree/Disagree. Current bus maintenance staffing numbers may be less than recommended in an April 12 letter; however, the CHP did not recommend staffing numbers. Prior to the CHP March 2002 inspections, the District had contacted the State’s Fiscal Crisis Management and Assistance Team(FCMAT) for a transportation study. At the same time, it took the first steps to replace older vehicles. In April and May the District implemented many of FCMAT’s recommendations, including additional support in bus maintenance staffing and the purchase of eight new buses. In September 2002 the District and its insurance provider began evaluating transportation facilities, procedures and record- keeping. • Replacing older school buses with newer school buses will result in improved passenger safety, fuel cost savings and reduced air pollution. Response by ACUSD: Agree • Students riding in these older buses are far more likely to sustain serious injury in the event of an accident. Response by ACUSD: Agree. Regarding older buses and injuries/federal safety standards, serious injuries are more closely related to the road conditions and speeds allowable on roads than the age of the vehicle. Recommendations: 122 2002-2003 Grand Jury Final Report • Prepare and implement a staffing plan to determine the number of personnel needed to maintain the bus fleet. Response by ACUSD: Done. 2002-2003 Grand Jury comments: The District has brought in an assistant manager and added another mechanics position, which was advertised in December 2002. • Improve maintenance record keeping. Response by ACUSD: Done 2002-2003 Grand Jury comments: A new work order system is in place according to the Director of Transportation. However, upon checking the Transportation office no permanent system was found to be in place, only a demo version the “Maintenance Pro” software program as of 1-13-03. • Retire the buses in the fleet that do not conform to the Federal Safety Standards. Response by ACUSD: Doing. • Budget sufficient money to purchase new or late model used buses in a more timely fashion. Response by ACUSD: Done 2002-2003 Grand Jury comments: Bus purchases were made with State lottery money, which has historically been a stable source of funds. Maintenance - Loss Prevention Survey Findings: • The Maintenance Department has corrected nearly half of all the items in the Survey within the past year, including 158 items, which were noted from the 1999 JPA report. Response by ACUSD: Agree • There are 170 items previously noted in 1999 that have not been cleared. 2002-2003 Grand Jury Final Report 123 Response by ACUSD: 80% completed; ongoing. 2002-2003 Grand Jury comments: This figure reportedly came from the head of the Maintenance Department but there was no way to know if the items had been taken care of until the next Loss Prevention Survey was released . A visit to the Maintenance office revealed that no copy of the Loss Prevention Survey was maintained there and there were no records to substantiate that any work was done to clear the items noted in the 1999 Survey. • In spite of last years Grand Jury recommendation to immediately remedy all Life Safety Issues, emergency lights are not working and fire extinguishers require mounting at several locations. Response by ACUSD: Agree • Televisions in several classrooms are not anchored. They are listed as a "Serious Property/Liability Risk". Response by ACUSD: Agree • Trophies in several locations were found to be unsecured. They are listed as a "Serious Property/Liability Risk". Response by ACUSD: Agree • Classrooms at several schools were found to have roof leaks and many stained ceiling tiles with signs of mildew and mold growth. They are listed as "Serious Property/Liability Risk". Response by ACUSD: Agree • The playground and play equipment in several locations does not conform to safety codes and lacks proper cushioning material. They are listed as a "Serious Property/Liability Risk". Response by ACUSD: Partially Agree; Two sites(IES,JES) are being updated; others in conformance. Recommendations: • Mount the fire extinguishers immediately. Response by ACUSD: Done 124 2002-2003 Grand Jury Final Report 2002-2003 Grand Jury comments: The Head of the Maintenance Department reported that this was taken care of by the maintenance staff during the summer of 2002. However, a visit to the Maintenance Department office revealed no records to show that these items were done. • Anchor all TV's immediately. Response by ACUSD: Done. 2002-2003 Grand Jury comments: The Head of the Maintenance Department reported that this was taken care of by the maintenance staff during the summer of 2002. However, a visit to the Maintenance Department office revealed no records to show that these items were done. • Anchor all trophies immediately. Response by ACUSD: Done. 2002-2003 Grand Jury comments: The Head of the Maintenance Department reported that this was taken care of by the maintenance staff during the summer of 2002. However, a visit to the Maintenance Department office revealed no records to show that these items were done. • Replace ceiling tiles that have mold and mildew immediately. Response by ACUSD: Done. 2002-2003 Grand Jury comments: The Head of the Maintenance Department reported that this was taken care of by the maintenance staff during the summer of 2002. However, a visit to the Maintenance Department office revealed no records to show that these items were done. • Repair all roof leaks and re-paint the stained area so new leaks can be identified. Response by ACUSD: Done 2002-2003 Grand Jury comments: The Head of the Maintenance Department reported that this was taken care of by the maintenance staff during the summer of 2002. However, a visit to the Maintenance Department office revealed no records to show that these items were done. 2002-2003 Grand Jury Final Report 125 • Develop and implement a plan to update playground equipment and replace cushioning material immediately. Response by ACUSD: Not Done- District not able to update playground equipment financially. This is typically a school site decision, involving staff and parent organizations. However, District maintenance meets with principals monthly to go over a safety checklist. ALL cushioning materials are kept up, with exception of Jackson Elem. And Ione Elem. Playgrounds. Those two sites playgrounds are currently being updated; cushioning will then be added. All Level one playground issues have been addressed. 2002-2003 Grand Jury comments: The Head of the Maintenance Department reported that this was taken care of by the maintenance staff during the summer of 2002. However, a visit to the Maintenance Department office revealed no records to show that these items were done. • Take all actions required to ensure that all Category 1-Life Safety issues do not reappear on the next Survey. Response by ACUSD: Ongoing. 2002-2003 Grand Jury comments: These items were scheduled to be completed by December 2002 according to the Superintendent.