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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 6 findings
F1
Departments within the County of Merced do all their own hiring, Human Resources completes all paperwork. Response: The Human Resources Department (Department) agrees with this finding on a general basis, with the notable exception that while heads of departments are employees within that department, they are not always hired by their department.
F2
Departments in the County of Merced are responsible for all reference checks; however, there is no written policy on completing work history checks. Response: The Department agrees that this is also generally the case, acknowledging that occasionally exceptions apply.
F3
Criminal background checks, through California Department of Justice (fingerprints only), are only completed on employees covered under the California Penal Code. No Federal Bureau of Investigation (FBI) is checked. Response: The Department disagrees that there are no employees undergoing an FBI background check. Certain departments (for example Mental Health) require specific employees to undergo an FBI background check.
F4
No credit checks are done except for certain department heads. Response: The Department would agree with this finding if it read as follows: "No credit checks are done through the Human Resources Department except for all department heads."
F5
California Department of Motor vehicles (DMV) checks drivers licenses only on county employees assigned to driving positions. County of Merced does have DMV pull program, which advises the county on changes to status of licenses. Response: The Department agrees with this finding.
F6
All Merced County employees are under a written code of ethics, with the exception of the Board of Supervisors, as they do not have one. Response: The Department agrees that the employees are subject to the Code of Ethics, which is Section 3 of the Employee Handbook. 44
Recommendations 5
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R1The Merced County Civil Grand Jury recommends the making changes listed below to the hiring process for the County of Merced. We feel that failing to make the changes could put the county in the position of negative litigation in the future i.e., if the employee is someone who should have been eliminated from consideration prior to employment. Response: The Department appreciates the input of the Grand Jury and agrees that it is appropriate to constantly evaluate hiring process, and consider making changes where appropriate to ensure optimum operation.
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R2All county employees, and future hires, have a drivers license check by the California Department of Motor Vehicles (DMV); and placed on the DMV pull program. This could prevent an employee from driving a county vehicle illegally. Response: Merced County does have a Motor Vehicle DMV pull program currently which primarily focuses on safety sensitive employees. The County believes it is important to review this policy and consider the possibility of expanding the existing program. Expanding the DMV pull program would require the County to be thorough and thoughtful in its approach. Some of the complicating factors include: (1) a very large portion of the approximately 2,000 County employees do not utilize a County vehicle. Any potential policy change regarding how vehicles are checked out would need to ensure that the majority of County time monitoring the vehicle check out requirements would not be spent monitoring employees who would never utilize a County vehicle; (2) the Department would also need to take into consideration employee privacy issues that would arise when accessing driving information for all employees who do not drive when performing their job duties; and (3) the County could not unilaterally implement a policy which changes working conditions; and, must instead, under the Meyers-Milias Brown Act (MMBA), meet with each of the potentially affected employee bargaining units to negotiate any such changes. Although expanding the existing program could not be implemented immediately, the County is committed to a thorough review of its current policies and practices and is willing to investigate other similarly situated counties' practices regarding County vehicle check out procedure to ensure that the County is following the best practices in this area.
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R3An applicant, who is heavily in debt and gains employment with the county, may have access to money, or other property of great value. For all new hires we recommend the county: Develop a written procedure that requires the county to complete a reference and work history check . Perform a criminal history check through the Department of Justice (DOJ) and the Federal Bureau of . Investigation (FBI). Perform a credit check . Have the applicant's drivers license checked through the California Department of Motor Vehicles (DMV) . and placed on the DMV pull program. The county should consider developing a county driver's license for all employees to carry and show when checking out county vehicles at the motor pool. Response: 45
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R4Employees that work as a Personal Assistant for the Board of Supervisors are county employees paid through the county with county funds, as such these employees are to follow all county rules and procedures, and be treated as any other county employee. Response: The department generally agrees with this Recommendation with the following clarification: Employees that work as a Personal Assistant for the Board of Supervisors are county employees paid through the county with county funds, as such these employees are to follow all county rules and procedures, and be treated as any other similarly situated county employee.
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R5We also recommend the Board of Supervisors develop a written code of ethics and adhere to them. Response: California Government Code §25303 states: "the board of supervisors shall supervise the official conduct of all county officers..." Noting this, it is inappropriate for the Department to provide an opinion with respect to this recommendation. That said, it should be noted that the Board of Supervisors falls under the Fair Political Practices Commission (FPPC) code for Elected Officials related to ethical practices, as codified in the Political reform Act of 1974 (California Government Code §81000 et seq.) Also, in compliance with AB1234, the Board of Supervisors do attend a mandatory bi-annual Ethics training provided by a Public Sector Law Firm. 46