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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.

Mendocino County Grand Jury • 2000-2001 • Agency Response

Response to: Mendocino County Promotional Alliance

2000–2001 Grand Jurors Oath of Grand Jurors:

Published: July 18, 2002 93 pages

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⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Note: Missing finding numbers detected: F42, F43, F44, F45, F46, F47, F48, F49, F50, F51, F52, F53, F54, F55, F56, F57, F58, F59, F60, F61, F62, F63, F64, F65, F66, F67, F68, F69, F70, F71, F72, F73, F74, F75, F76, F77, F78, F79, F80, F81, F82, F83, F84, F85, F86, F87, F88, F89, F90, F91, F92, F93, F94, F95, F96, F97, F98, F99, F100, F101, F102, F103, F104, F105, F106, F107, F108, F109, F110, F111, F112, F113, F114, F115, F116, F117, F118, F119, F120, F121, F122, F123, F124, F125, F126, F127, F128, F129, F130, F131, F132, F133, F134, F135, F136, F137, F138, F139, F140, F141, F142, F143, F144, F145, F146, F147, F148, F149, F150, F151, F152, F153, F154, F155, F156, F157, F158, F159, F160, F161, F162, F163, F164, F165, F166, F167, F168, F169, F170, F171, F172, F173, F174, F175, F176, F177, F178, F179, F180, F181, F182, F183, F184, F185, F186, F187, F188, F189, F190, F191, F192, F193, F194, F195, F196, F197, F198, F199, F200, F201, F202, F203, F204, F205, F206, F207, F208, F209, F210, F211, F212, F213, F214, F215, F216, F217, F218, F219, F220, F221, F222, F223, F224, F225, F226, F227, F228, F229, F230, F231, F232, F233, F234, F235, F236, F237, F238, F239, F240, F241, F242, F243, F244, F245, F246, F247, F248, F249, F250, F251, F252, F253, F254, F255, F256, F257, F258, F259, F260, F261, F262, F263, F264, F265, F266, F267, F268, F269, F270, F271, F272, F273, F274, F275, F276, F277, F278, F279, F280, F281, F282, F283, F284, F285, F286, F287, F288, F289, F290, F291, F292, F293, F294, F295, F296, F297, F298, F299, F300, F301, F302, F303, F304, F305, F306, F307, F308, F309, F310, F311, F312, F313, F314, F315, F316, F317, F318, F319, F320, F321, F322, F323, F324, F325, F326, F327, F328, F329, F330, F331, F332, F333, F334, F335, F336, F337, F338, F339, F340, F341, F342, F343, F344, F345, F346, F347, F348, F349, F350, F351, F352, F353, F354, F355, F356, F357, F358, F359, F360, F361, F362, F363, F364, F365, F366, F367, F368, F369, F370, F371, F372, F373, F374, F375, F376, F377, F378, F379, F380, F381, F382, F383, F384, F385, F386, F387, F388, F389, F390, F391, F392, F393, F394, F395, F396, F397, F398, F399, F400, F401, F402, F403, F404, F405, F406, F407, F408, F409, F410, F411, F412, F413, F414, F415, F416, F417, F418, F419, F420, F421, F422, F423, F424, F425, F426, F427, F428, F429, F430, F431, F432, F433, F434, F435, F436, F437, F438, F439, F440, F441, F442, F443, F444, F445, F446, F447, F448, F449, F450, F451, F452, F453, F454, F455, F456, F457, F458, F459, F460, F461, F462, F463, F464, F465, F466, F467, F468, F469, F470, F471, F472, F473, F474, F475, F476, F477, F478, F479, F480, F481, F482, F483, F484, F485, F486, F487, F488, F489, F490, F491, F492, F493, F494, F495, F496, F497, F498, F499, F500, F501, F502, F503, F504, F505, F506, F507, F508, F509, F510, F511, F512, F513, F514, F515, F516, F517, F518, F519, F520, F521, F522, F523, F524, F525, F526, F527, F528, F529, F530, F531, F532, F533, F534, F535, F536, F537, F538, F539, F540, F541, F542, F543, F544, F545, F546, F547, F548, F549, F550, F551, F552, F553, F554, F555, F556, F557, F558, F559, F560, F561, F562, F563, F564, F565, F566, F567, F568, F569, F570, F571, F572, F573, F574, F575, F576, F577, F578, F579, F580, F581, F582, F583, F584, F585, F586, F587, F588, F589, F590, F591, F592, F593, F594, F595, F596, F597, F598, F599, F600, F601, F602, F603, F604, F605, F606, F607, F608, F609, F610, F611, F612, F613, F614, F615, F616, F617, F618, F619, F620, F621, F622, F623, F624, F625, F626, F627, F628, F629, F630, F631, F632, F633, F634, F635, F636, F637, F638, F639, F640, F641, F642, F643, F644, F645, F646, F647, F648, F649, F650, F651, F652, F653, F654, F655, F656, F657, F658, F659, F660, F661, F662, F663, F664, F665, F666, F667, F668, F669, F670, F671, F672, F673, F674, F675, F676, F677, F678, F679, F680, F681, F682, F683, F684, F685, F686, F687, F688, F689, F690, F691, F692, F693, F694, F695, F696, F697, F698, F699, F700, F701, F702, F703, F704, F705, F706, F707, F708, F709, F710, F711, F712, F713, F714, F715, F716, F717, F718, F719, F720, F721, F722, F723, F724, F725, F726, F727, F728, F729, F730, F731, F732, F733, F734, F735, F736, F737, F738, F739, F740, F741, F742, F743, F744, F745, F746, F747, F748, F749, F750, F751, F752, F753, F754, F755, F756, F757, F758, F759, F760, F761, F762, F763, F764, F765, F766, F767, F768, F769, F770, F771, F772, F773, F774, F775, F776, F777, F778, F779, F780, F781, F782, F783, F784, F785, F786, F787, F788, F789, F790, F791, F792, F793, F794, F795, F796, F797, F798, F799, F800, F801, F802, F803, F804, F805, F806, F807, F808, F809, F810, F811, F812, F813, F814, F815, F816, F817, F818, F819, F820, F821, F822, F823, F824, F825, F826, F827, F828, F829, F830, F831, F832, F833, F834, F835, F836, F837, F838, F839, F840, F841, F842, F843, F844, F845, F846, F847, F848, F849, F850, F851, F852, F853, F854, F855, F856, F857, F858, F859, F860, F861, F862, F863, F864, F865, F866, F867, F868, F869, F870, F871, F872, F873, F874, F875, F876, F877, F878, F879, F880, F881, F882, F883, F884, F885, F886, F887, F888, F889, F890, F891, F892, F893, F894, F895, F896, F897, F898, F899, F900, F901, F902, F903, F904, F905, F906, F907, F908, F909, F910, F911, F912, F913, F914, F915, F916, F917, F918, F919, F920, F921, F922, F923, F924, F925, F926, F927, F928, F929, F930, F931, F932, F933, F934, F935, F936, F937, F938, F939, F940, F941, F942, F943, F944, F945, F946, F947, F948, F949, F950, F951, F952, F953, F954, F955, F956, F957, F958, F959, F960, F961, F962, F963, F964, F965, F966, F967, F968, F969, F970, F971, F972, F973, F974, F975, F976, F977, F978, F979, F980, F981, F982, F983, F984, F985, F986, F987, F988, F989, F990, F991, F992, F993, F994, F995, F996, F997, F998, F999, F1000, F1001, F1002, F1003, F1004, F1005, F1006, F1007, F1008, F1009, F1010, F1011, F1012, F1013, F1014, F1015, F1016, F1017, F1018, F1019, F1020, F1021, F1022, F1023, F1024, F1025, F1026, F1027, F1028, F1029, F1030, F1031, F1032, F1033, F1034, F1035, F1036, F1037, F1038, F1039, F1040, F1041, F1042, F1043, F1044, F1045, F1046, F1047, F1048, F1049, F1050, F1051, F1052, F1053, F1054, F1055, F1056, F1057, F1058, F1059, F1060, F1061, F1062, F1063, F1064, F1065, F1066, F1067, F1068, F1069, F1070, F1071, F1072, F1073, F1074, F1075, F1076, F1077, F1078, F1079, F1080, F1081, F1082, F1083, F1084, F1085, F1086, F1087, F1088, F1089, F1090, F1091, F1092, F1093, F1094, F1095, F1096, F1097, F1098, F1099, F1100, F1101, F1102, F1103, F1104, F1105, F1106, F1107, F1108, F1109, F1110, F1111, F1112, F1113, F1114, F1115, F1116, F1117, F1118, F1119, F1120, F1121, F1122, F1123, F1124, F1125, F1126, F1127, F1128, F1129, F1130, F1131, F1132, F1133, F1134, F1135, F1136, F1137, F1138, F1139, F1140, F1141, F1142, F1143, F1144, F1145, F1146, F1147, F1148, F1149, F1150, F1151, F1152, F1153, F1154, F1155, F1156, F1157, F1158, F1159, F1160, F1161, F1162, F1163, F1164, F1165, F1166, F1167, F1168, F1169, F1170, F1171, F1172, F1173, F1174, F1175, F1176, F1177, F1178, F1179, F1180, F1181, F1182, F1183, F1184, F1185, F1186, F1187, F1188, F1189, F1190, F1191, F1192, F1193, F1194, F1195, F1196, F1197, F1198, F1199, F1200, F1201, F1202, F1203, F1204, F1205, F1206, F1207, F1208, F1209, F1210, F1211, F1212, F1213, F1214, F1215, F1216, F1217, F1218, F1219, F1220, F1221, F1222, F1223, F1224, F1225, F1226, F1227, F1228, F1229, F1230, F1231, F1232, F1233, F1234, F1235, F1236, F1237, F1238, F1239, F1240, F1241, F1242, F1243, F1244, F1245, F1246, F1247, F1248, F1249, F1250, F1251, F1252, F1253, F1254, F1255, F1256, F1257, F1258, F1259, F1260, F1261, F1262, F1263, F1264, F1265, F1266, F1267, F1268, F1269, F1270, F1271, F1272, F1273, F1274, F1275, F1276, F1277, F1278, F1279, F1280, F1281, F1282, F1283, F1284, F1285, F1286, F1287, F1288, F1289, F1290, F1291, F1292, F1293, F1294, F1295, F1296, F1297, F1298, F1299, F1300, F1301, F1302, F1303, F1304, F1305, F1306, F1307, F1308, F1309, F1310, F1311, F1312, F1313, F1314, F1315, F1316, F1317, F1318, F1319, F1320, F1321, F1322, F1323, F1324, F1325, F1326, F1327, F1328, F1329, F1330, F1331, F1332, F1333, F1334, F1335, F1336, F1337, F1338, F1339, F1340, F1341, F1342, F1343, F1344, F1345, F1346, F1347, F1348, F1349, F1350, F1351, F1352, F1353, F1354, F1355, F1356, F1357, F1358, F1359, F1360, F1361, F1362, F1363, F1364, F1365, F1366, F1367, F1368, F1369, F1370, F1371, F1372, F1373, F1374, F1375, F1376, F1377, F1378, F1379, F1380, F1381, F1382, F1383, F1384, F1385, F1386, F1387, F1388, F1389, F1390, F1391, F1392, F1393, F1394, F1395, F1396, F1397, F1398, F1399, F1400, F1401, F1402, F1403, F1404, F1405, F1406, F1407, F1408, F1409, F1410, F1411, F1412, F1413, F1414, F1415, F1416, F1417, F1418, F1419, F1420, F1421, F1422, F1423, F1424, F1425, F1426, F1427, F1428, F1429, F1430, F1431, F1432, F1433, F1434, F1435, F1436, F1437, F1438, F1439, F1440, F1441, F1442, F1443, F1444, F1445, F1446, F1447, F1448, F1449, F1450, F1451, F1452, F1453, F1454, F1455, F1456, F1457, F1458, F1459, F1460, F1461, F1462, F1463, F1464, F1465, F1466, F1467, F1468, F1469, F1470, F1471, F1472, F1473, F1474, F1475, F1476, F1477, F1478, F1479, F1480, F1481, F1482, F1483, F1484, F1485, F1486, F1487, F1488, F1489, F1490, F1491, F1492, F1493, F1494, F1495, F1496, F1497, F1498, F1499, F1500, F1501, F1502, F1503, F1504, F1505, F1506, F1507, F1508, F1509, F1510, F1511, F1512, F1513, F1514, F1515, F1516, F1517, F1518, F1519, F1520, F1521, F1522, F1523, F1524, F1525, F1526, F1527, F1528, F1529, F1530, F1531, F1532, F1533, F1534, F1535, F1536, F1537, F1538, F1539, F1540, F1541, F1542, F1543, F1544, F1545, F1546, F1547, F1548, F1549, F1550, F1551, F1552, F1553, F1554, F1555, F1556, F1557, F1558, F1559, F1560, F1561, F1562, F1563, F1564, F1565, F1566, F1567, F1568, F1569, F1570, F1571, F1572, F1573, F1574, F1575, F1576, F1577, F1578, F1579, F1580, F1581, F1582, F1583, F1584, F1585, F1586, F1587, F1588, F1589, F1590, F1591, F1592, F1593, F1594, F1595, F1596, F1597, F1598, F1599, F1600, F1601, F1602, F1603, F1604, F1605, F1606, F1607, F1608, F1609, F1610, F1611, F1612, F1613, F1614, F1615, F1616, F1617, F1618, F1619, F1620, F1621, F1622, F1623, F1624, F1625, F1626, F1627, F1628, F1629, F1630, F1631, F1632, F1633, F1634, F1635, F1636, F1637, F1638, F1639, F1640, F1641, F1642, F1643, F1644, F1645, F1646, F1647, F1648, F1649, F1650, F1651, F1652, F1653, F1654, F1655, F1656, F1657, F1658, F1659, F1660, F1661, F1662, F1663, F1664, F1665, F1666, F1667, F1668, F1669, F1670, F1671, F1672, F1673, F1674, F1675, F1676, F1677, F1678, F1679, F1680, F1681, F1682, F1683, F1684, F1685, F1686, F1687, F1688, F1689, F1690, F1691, F1692, F1693, F1694, F1695, F1696, F1697, F1698, F1699, F1700, F1701, F1702, F1703, F1704, F1705, F1706, F1707, F1708, F1709, F1710, F1711, F1712, F1713, F1714, F1715, F1716, F1717, F1718, F1719, F1720, F1721, F1722, F1723, F1724, F1725, F1726, F1727, F1728, F1729, F1730, F1731, F1732, F1733, F1734, F1735, F1736, F1737, F1738, F1739, F1740, F1741, F1742, F1743, F1744, F1745, F1746, F1747, F1748, F1749, F1750, F1751, F1752, F1753, F1754, F1755, F1756, F1757, F1758, F1759, F1760, F1761, F1762, F1763, F1764, F1765, F1766, F1767, F1768, F1769, F1770, F1771, F1772, F1773, F1774, F1775, F1776, F1777, F1778, F1779, F1780, F1781, F1782, F1783, F1784, F1785, F1786, F1787, F1788, F1789, F1790, F1791, F1792, F1793, F1794, F1795, F1796, F1797, F1798, F1799, F1800, F1801, F1802, F1803, F1804, F1805, F1806, F1807, F1808, F1809, F1810, F1811, F1812, F1813, F1814, F1815, F1816, F1817, F1818, F1819, F1820, F1821, F1822, F1823, F1824, F1825, F1826, F1827, F1828, F1829, F1830, F1831, F1832, F1833, F1834, F1835, F1836, F1837, F1838, F1839, F1840, F1841, F1842, F1843, F1844, F1845, F1846, F1847, F1848, F1849, F1850, F1851, F1852, F1853, F1854, F1855, F1856, F1857, F1858, F1859, F1860, F1861, F1862, F1863, F1864, F1865, F1866, F1867, F1868, F1869, F1870, F1871, F1872, F1873, F1874, F1875, F1876, F1877, F1878, F1879, F1880, F1881, F1882, F1883, F1884, F1885, F1886, F1887, F1888, F1889, F1890, F1891, F1892, F1893, F1894, F1895, F1896, F1897, F1898, F1899, F1900, F1901, F1902, F1903, F1904, F1905, F1906, F1907, F1908, F1909, F1910, F1911, F1912, F1913, F1914, F1915, F1916, F1917, F1918, F1919, F1920, F1921, F1922, F1923, F1924, F1925, F1926, F1927, F1928, F1929, F1930, F1931, F1932, F1933, F1934, F1935, F1936, F1937, F1938, F1939, F1940, F1941, F1942, F1943, F1944, F1945, F1946, F1947, F1948, F1949, F1950, F1951, F1952, F1953, F1954, F1955, F1956, F1957, F1958, F1959, F1960, F1961, F1962, F1963, F1964, F1965, F1966, F1967, F1968, F1969, F1970, F1971, F1972, F1973, F1974, F1975, F1976, F1977, F1978, F1979, F1980, F1981, F1982, F1983, F1984, F1985, F1986, F1987, F1988, F1989, F1990, F1991, F1992, F1993, F1994, F1995, F1996, F1997, F1998, F1999, F2000

Findings and Recommendations 42 findings

COMMET consists of a Commander, one other full time officer, and three volunteer officers who help out when needed. If necessary, the unit can call on the entire law enforcement community for assistance.

No recommendations for this finding

Upon referral, COMMET personnel travel to locations within Mendocino County where they cut or uproot any growing marijuana plants they find and make appropriate arrests. They transport the plants for disposal, retaining some as potential evidence. COMMET personnel indicate that they only eradicate a small percentage of the marijuana grown in the County.

Related Recommendations (1)

R34

Test results showing false positive or tainted by prescription medication have in the past led to loss of work and the necessity for payment of back wages for employees innocent of illegal drug use. Recommendations A. The DOT Director ensure that supervisory personnel receive training in modern, collaborative management practices. (Finding 2) B. The DOT Director ensure that top managers consult line staff before making decisions about issues, needs, and projects. (Finding 4) C. The DOT Director ensure that managers and supervisors receive training regarding Recommendation B. (Finding 4) D. The DOT develop and implement written policies and procedures for responding to citizen and employee complaints. (Finding 5) E. DOT refer to its equipment use and maintenance records, including information on hours of use, repair history, downtime, maintenance records and estimated useful life, to establish a 10-year equipment replacement schedule and a system of procurement for new equipment needed. (Findings 6 – 9, 11) F. Upper management and supervisors rely on the Equipment Supervisor for information concerning equipment maintenance repair and replacement needs. (Finding 7) G. BOS give DOT authorization and budget support to establish and maintain a capital reserve fund dedicated to replacing outdated equipment and procuring new equipment as appropriate. (Findings 6, 9, 10, 11) 2001–2002 Mendocino County Grand Jury Final Report 59 H. DOT provide portable toilet facilities in accordance with CalOSHA regulations for use by road crews when nearby facilities are not available (Finding 12) I. In accordance with CalOSHA regulations, DOT provide potable drinking water for all road crews. (Finding 13) J. DOT establish responsible and effective security measures to ensure that facilities, materials and equipment are secure from theft, pilferage, and vandalism (Finding 14, 15) K. DOT assume responsibility for minor yard maintenance, such as replacement of security lighting. (Finding 15) L. DOT direct Yard Supervisors to ensure that grounds are maintained in clean and orderly conditions and that alcohol not be brought on County premises. Recycle empty containers promptly. (Finding 16) M. DOT ensure that accident reports include details from follow-up investigations as well as in-depth treatment of the causes of accidents and suggestions for training on causes and prevention of such accidents (Finding 18) N. DOT use OSHA forms to report accidents. (Finding 19) O. DOT train employees to fill out accident report forms completely and accurately. (Findings 18, 20) P. DOT crew supervisors and the Safety Officer discuss accidents and accident prevention as regular topics at all safety meetings. (Finding 20) Q. DOT Safety Coordinator be an employee of the County Risk Manager. (Finding 21) R. DOT Safety Coordinator give accident reports to the County Risk Manager. (Finding 22) S. DOT establish a comprehensive training program for equipment operators. (Finding 23) T. DOT step up efforts to fill all funded positions. (Finding 26) U. When job openings occur, DOT follow the procedures and not allow supervisors to forward names to Human Resources. (Findings 27, 28) V. The Director make the final determination on all hiring decisions based on non-arbitrary factors. (Finding 29) W. DOT collaborate with Human Resources to create means of increasing the proportion of women and minorities hired. (Finding 30) X. DOT follow County policies and procedures regarding sexual harassment. (Finding 31) 2001–2002 Mendocino County Grand Jury Final Report 60 Y. DOT not suspend an employee for drug use unless and until reliable testing has proven such use beyond any doubt. DOT place employees testing positive on administrative leave until the issue is resolved. (Findings 32–34) Comment The morale of the road crews is low because of low pay, arbitrary decisions on job assignment, frequent loss of time due to the need to travel to toilet facilities, and work stoppage due to shortage of road crew members. The Grand Jury commends the many DOT personnel, who despite low morale and often inadequate funding and old equipment, perform their jobs efficiently and safely, with little turnover of personnel. Response Required Mendocino County Board of Supervisors Response Requested Department of Transportation Director Human Resources Department Director 2001–2002 Mendocino County Grand Jury Final Report 61

The Sheriff has determined that, given passage of Proposition 215 concerning medical marijuana and given his limited resources, he must concentrate his department’s efforts on eradication of large-scale plantings, which are obviously destined for illegal sale. Consequently, 2001-2002 Mendocino County Grand Jury Final Report 3 COMMET does not carry out raids on known medical plantings or on smaller patches.

No recommendations for this finding

COMMET confiscates 100,000 outdoor plants and 30,000 indoor plants in an average year of operations.

Related Recommendations (1)

R34

COMMET personnel carry firearms and will have them drawn at the outset of an operation; use of firearms or other physical force is limited to situations involving potential injury to officers or others.

Related Recommendations (1)

R34

Testimony indicates that COMMET personnel are generally respectful of the persons and civil liberties of those they encounter and/or arrest. Law Enforcement Suppression Efforts: Methamphetamine Findings

Related Recommendations (2)

E. The County Administrative Office review the following in all departments at least once a year. (Finding 6) 1. All departmental complaint logs. 2001–2002 Mendocino County Grand Jury Final Report 10 2. The placement of all signs. 3. The availability of the complaint forms. 4. The departments tracking of all complaints. Comment Because of the lack of a County-wide complaint policy, there is inconsistency throughout the County on how complaints are handled. Department heads would benefit from a County-sponsored personnel management training class about effective responses to employee grievances. Response Required Mendocino County Board of Supervisors Response Requested County Administrative Officer Human Resources Department Director 2001–2002 Mendocino County Grand Jury Final Report 11

R34

The Task Force operates under the supervision of the State Department of Justice, Bureau of Narcotics Enforcement. Personnel consist of two Sheriff’s deputies and one officer each from the Ukiah and Willits Police Departments and the Highway Patrol, a Probation Officer, a representative from the State Parks Department, and a representative of the District Attorney. Fort Bragg does not supply an officer, but it does help support the Task Force financially, as do the other jurisdictions.

Related Recommendations (1)

R34

Total funding for the Task Force is $52,000 ($30,000 from the State and $22,000 from participating law enforcement agencies. Participating agencies provide personnel and equipment.

Related Recommendations (1)

R34

The Task Force does not have enough resources to deal realistically with the meth problem in Mendocino County.

Related Recommendations (1)

R34

F10

The Task Force deals with crimes involving violence, such as homicide and assault as well as burglary and drug crimes. Drug suppression is their major mission and within that they direct their primary activities toward elimination of production, trafficking and use of methamphetamine in the County.

Related Recommendations (1)

R10

G. FCS train all Social Workers on use of the new guidelines for case planning. (Findings 12 -14) H. FCS stress to all County Social Workers the need for consistency in case plan requirements. (Findings 12 -14) I. FCS develop and use a checklist to involve parents in the case planning process. (Findings 15 - 19) J. FCS adopt a policy that informs parents step by step of their status. Develop a procedure and a form with incremental approvals, and an incremental approval checklist. K. If a case plan changes, FCS provide written explanation to parents (before a Court hearing), stating the reason why and involving parents in the change of the plan. (Findings 18, 19) L. FCS continue to train Social Workers in standards for removal and reunification of children. (Findings 10 - 20) M. FCS establish and follow procedures for apprising parents of their rights. (Findings 21 - 31) N. DSS ensure that written complaint information and forms are available in DSS and FCS public lobbies. (Findings 21, 24, 25) 2001–2002 Mendocino County Grand Jury Final Report 50 O. FCS establish and use a complaint log that includes the disposition of complaints. (Finding 26) P. FCS expand the brochure “Grievance Review Policy” to include grievance procedures for all aspects of client/FCS interactions. (Finding 30) Q. FCS Supervisors consider case-load complexity in assigning Social Worker case-load. (Finding 33) R. The County and DSS establish a coordinated Social Worker recruiting program among the College of Redwoods, Mendocino College, and local high schools with more outreach to Latino and Native American populations. (Findings 34-37) S. The DSS Director request that Mendocino College and the College of the Redwoods begin Social Worker Assistant programs and that Sonoma State and Dominican College satellite campuses begin Social Worker programs. (Finding 35) T. Board of Supervisors re-evaluate the salary schedule within FCS. (Findings 32 - 35, 39) U. The County fill the vacant positions. (Findings 38, 40) Comment Public awareness of child abuse and neglect issues is lacking. More outreach by government to the citizenry regarding these issues is needed. Substance abuse is involved in many instances of child abuse and neglect. More public awareness of substance abuse and the harm it causes to families is needed. The County Child Abuse Prevention is not providing information to the public. Family and Children’s Services prepares an annual report to the Board of Supervisors summarizing child welfare issues in the County. The Board of Supervisors should distribute this report to media and all professionals involved with children and make it available to the general public. The problem of unclear and changing requirements for family reunification is a complicated issue involving the judgment and expertise of the professionals involved. FCS is working toward standardizing these requirements throughout the County as much as possible. The Grand Jury encourages FCS in this effort. Several witnesses alluded to the lack of adequate foster care in the County. This problem has been visited by the Grand Jury previously. Perhaps it is time to do so again. Response Required Mendocino County Board of Supervisors Response Requested Department of Social Services Director 2001–2002 Mendocino County Grand Jury Final Report 51 Family and Children Services Director 2001–2002 Mendocino County Grand Jury Final Report 52 Domestic Violence Restraining Orders The Grand Jury investigated the process by which a person subject to domestic violence obtains a Restraining Order. The Restraining Order is designed to prevent named individuals from contacting those who see them as threatening and is effective for three years Method of Investigation The Grand Jury reviewed “Domestic Violence,” a packet on Restraining Orders issued by the court to anyone applying for a Temporary Restraining Order as a first step toward obtaining a Restraining Order. The Grand Jury interviewed court officials, about the Restraining Order process and spoke with the Sheriff, a police chief, and street officers from different law enforcement agencies about police experience with Restraining Orders.

F11

Task Force officers get leads concerning meth suppliers from persons they arrest, from paid or unpaid informants, and from interested citizens who are suspicious of certain activities. Starting with that information, they work up to larger dealers. Sometimes that process gets results, but whether they actually arrest a major supplier is often a matter of luck and timing.

Related Recommendations (1)

R10

F12

Officers express frustration at having to arrest the same violators time after time. They complain that the District Attorney often charges persons arrested for possession for sale with simple possession, which allows them to get probation or Proposition 36 diversion. The District 2001-2002 Mendocino County Grand Jury Final Report 4 Attorney, on the other hand, cites the difficulty of getting a conviction without solid proof that sales are involved.

Related Recommendations (2)

R10

R34

F13

Some other law enforcement officers have complained that they receive little cooperation from the Task Force in the fight against meth. But Task Force personnel contend that they don’t get adequate information from other agencies to follow up. Other Approaches to the Drug Problem: AODP Findings

Related Recommendations (2)

R10

R34

F14

The AODP is part of the County Public Health Department and has as a mission “to promote healthy behaviors by preventing, reducing and treating alcohol and other drug abuse in Mendocino County.” Most program funding comes from federal, State, and private foundation sources.

Related Recommendations (2)

R10

R34

F15

AODP approaches the use of alcohol and other drugs as a public health problem, though they find it hard to convince others that that is the case.

Related Recommendations (2)

R10

R34

F16

From July to December 2001, AODP saw 855 persons; 518 were involved in the criminal justice system.

Related Recommendations (2)

R10

R34

F17

suggests that there may be no substantial improvement of the meth problem without an upgrading of the economic and educational status of residents of the County. Response Required Board of Supervisors (Recommendations B & E–G & related Findings) Mendocino County Sheriff (Recommendations A, B, & D & related Findings) Mendocino County Task Force Governing Board (Recommendations B–D & related Findings) District Attorney Recommendation B–D & related Findings) Response Requested Director, AODP (Recommendations E–G & related Findings) 2001-2002 Mendocino County Grand Jury Final Report 7 Complaint Policies and Procedures for Mendocino County The Grand Jury reviewed the County complaint policies and procedures and found a lack of uniformity in the application, content, and enforcement of the policies. Method of Investigation The Grand Jury interviewed the Assistant County Administrative Officer and the previous Senior Field Representative for Local 707 of the Service Employees International Union (SEIU). The Grand Jury reviewed Memorandum of Understanding Between The County of Mendocino and MCEBU/SEIU Local 707 (County/SEIU MOU), County Policy #16, and the policies and procedures submitted by the departments that had them. Background Information The Board of Supervisors adopted Policy #16 July 7, 1987, to address the procedure for the public’s right to criticize County personnel. Findings 1. County Policy #16 addresses only complaints by the public regarding County personnel and only those complaints presented to the Board of Supervisors or the Clerk of the Board. 2. The County does not have a written complaint policy to address procedural complaints presented to the individual County departments, to the Board of Supervisors, or to the Clerk of the Board. 3. The County/SEIU MOU Article 19 contains a grievance procedure for employees; however, the Human Resource Department does not have a written procedure for referring employees with grievances to the union contract. 4. Neither County ordinance nor the County Human Resource Department have written policies or procedures to accommodate any type of employee complaints not covered in the County/SEIU MOU. 5. The County does not publish or post a standard complaint form or complaint procedures. 6. The County Administrative Office does not monitor any of the departments to verify that a policy is in place to deal with all complaints. 7. The following County departments use Policy #16 as their complaint policy and therefore do not have a policy to handle about department procedures: Administration Office Agriculture 2001–2002 Mendocino County Grand Jury Final Report 9 Auditor-Controller Clerk of the Board County Counsel Farm Advisor General Services Human Resources Library Museum Risk Management Transportation Treasurer-Tax Collector Assessor/Clerk-Recorder (Complaints received at the counter or by telephone are referred to the department head.) 8. The following County departments have developed their own complaint policies and procedures and/or are using policies and procedures mandated by another agency: Information Services Solid Waste Division Air Quality Management District Animal Care and Control Child Support Services District Attorney Mental Health Planning and Building Probation Public Defender Public Health Sheriff-Coroner Social Services Water Agency

Related Recommendations (1)

R10

F18

AODP reports that persons negatively impacted by substance use take up two-thirds of hospital beds in the county.

Related Recommendations (2)

R10

R34

F19

AODP has several options for treatment of substance users, ranging from intensive detoxification through post-detox, residential treatment, and day treatment to outpatient aftercare.

Related Recommendations (2)

R10

R34

F20

AODP develops and circulates drug education curricula for use in the schools and encourages community based anti-substance use activities. Community Involvement in Suppression of Meth Use Findings

Related Recommendations (2)

R10

R34

F21

Police recently arrested a local high school student for possession of meth for sale on campus.

Related Recommendations (2)

R10

R34

F22

That incident motivated a teacher to contact Anderson Valley community leaders and agencies and bring some 30 people together at a meeting; that led to a larger community gathering on the topic of the meth problem attended by about 300 residents. Smaller groups are 2001-2002 Mendocino County Grand Jury Final Report 5 following up by getting together to learn ways to identify the problem and how to deal with it.

Related Recommendations (2)

R10

R34

F23

As a result, law enforcement has stepped up its presence and anti- meth activities in that community.

Related Recommendations (2)

R10

R34

F24

The Fire District is very astute in acquiring grants and new equipment. Willits Unified School District Willits Unified School District (School District) has undefined and uneven enforcement of dress codes and some school sites have maintenance problems. Method of Investigation The Grand Jury interviewed the School District Superintendent, school principals, and the Maintenance Supervisor. The Grand Jury toured school sites, including the Willits Charter School, and visited classes in session. The Grand Jury reviewed pertinent California Education Codes pertinent to school dress codes. Background Information The School District has an enrollment of 2,283 students and 153 paid staff. The School District has a dress code based on California Education Codes §35183 and 35294.2. Note §35294.2.(a)(2)(F): The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing ‘gang-related apparel,’ if the school has adopted such a dress code. For those purposes, the comprehensive school safety plan shall define ‘gang-related apparel.’ The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. Any schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school- sponsored activity by the principal of the school or the person designated by the principal. For the purpose of this paragraph, ‘gang-related apparel’ shall not be considered a protected form of speech pursuant to Section

Related Recommendations (1)

R10

F25

The School District and Willits High School emphasize prohibition of certain colors or certain clothing and items that are known to depict gang colors or symbols and distract from teaching goals. The school safety plan does not define ‘gang-related apparel’ as required by 2001-2002 Mendocino County Grand Jury Final Report 41 Education Code §35294.2.(a)(2)(F). The Student Handbook does not specify prohibited colors or clothing items.

Related Recommendations (1)

R10

F26

Willits High School ground maintenance is poor. Back parking areas need upgrading. Some lockers are broken. Agriculture areas, including gardens and farm animal pens, are unkempt.

Related Recommendations (2)

R10

R34

F27

The Willits High School dumpster area has no enclosure to hide the garbage and keep out animals.

Related Recommendations (2)

R10

R34

F28

Many school sites have paved areas and walkways with uneven surfaces and potholes that can cause tripping.

Related Recommendations (1)

R10

F29

Baechtel Grove Middle School has a drainage problem on the west side of the school grounds, where older portable classrooms are located. Rain water puddles at ramps and runs under disabled students’ classrooms. Children have to traverse standing water to get to class. The standing water under classrooms also causes dampness and mold inside the classrooms.

Related Recommendations (2)

R10

R34

F30

FCS staff stated that the appropriate place for parents to present grievances regarding case information and plans is at Court appearances.

Related Recommendations (2)

R10

R34

F31

Parents interviewed were unaware they could file a complaint with the State Department of Social Services; however FCS does provide “Your Rights Under California Welfare Programs,” upon request. The brochure outlines civil rights and state remedies, but does not give specific local information on how to file a complaint. Staffing & Training

Related Recommendations (2)

R10

R34

F32

Former and present inland FCS workers interviewed stated there is low morale among social workers and assistant social workers due to job stresses, low pay, and high turnover. Coast FCS workers report less turnover and higher morale.

Related Recommendations (2)

R10

R34

F33

Social Workers testified that supervisors do not always look at the complexity of the cases when analyzing case loads. Some cases require more time on the part of the Social Worker

Related Recommendations (2)

R10

R34

F34

Department-wide Social Worker turnover has been over 30% annually for the past three years, with a higher relative percentage in case- carrying Social Workers.

Related Recommendations (2)

R10

R34

F35

FCS managers testified there is a statewide, as well as local, shortage of social workers. Educational facilities available for training Social Worker I are limited. Basic courses for Associate of Arts degree are available at Mendocino College and College of the Redwoods, but advanced training must be completed at distant campuses.

Related Recommendations (1)

R10

F36

FCS staff reports that they must deal on a regular basis with clients from minority groups who often lack English language skills. FCS lacks bilingual social workers and staff.

Related Recommendations (1)

R10

F37

FCS has not been successful recruiting Native Americans, even though Mendocino County has a large Native population.

Related Recommendations (1)

R10

F38

FCS has difficulty recruiting and retaining skilled administrative assistants because of the workload and low pay.

Related Recommendations (1)

R10

F39

Low pay and a poor benefits package relative to other counties make it difficult to recruit experienced Social Workers. Experienced workers are attracted to other counties and agencies, which pay more, often have signing bonuses, and have better working conditions. 2001–2002 Mendocino County Grand Jury Final Report 49

No recommendations for this finding

F40

The FCS training position was vacant for several months during the past year. FCS now has an employee functioning as a trainer one-half of the time.

No recommendations for this finding

F41

FCS Supervisors train new Social Workers and FCS sends some Social Workers to UC Davis for specific training.

No recommendations for this finding

F2001 Page 2

Of the applications reviewed the Department issued 108 permits within 30 days, 22 permits between 30 and 60 days, and four permits after six months. The four permits issued after six months involved commercial and multiple residential projects.

No recommendations for this finding

Additional Recommendations 31

These recommendations are not explicitly linked to specific findings.

R1

All departmental complaint logs. 2001–2002 Mendocino County Grand Jury Final Report 10
R2

The placement of all signs.
R3

The availability of the complaint forms.
R4

The departments tracking of all complaints. Comment Because of the lack of a County-wide complaint policy, there is inconsistency throughout the County on how complaints are handled. Department heads would benefit from a County-sponsored personnel management training class about effective responses to employee grievances. Response Required Mendocino County Board of Supervisors Response Requested County Administrative Officer Human Resources Department Director 2001–2002 Mendocino County Grand Jury Final Report 11
R6

Review of equipment records and visits to DOT yards reveal equipment in use that is out of date (more than 10 years old), inefficient, and potentially dangerous. For example, DOT uses compacting rollers lacking modern tracking ability that are difficult and dangerous to operate. DOT staff states that some of the equipment in use is suitable only for museum display.
R7

DOT upper management and supervisors do not consult with the Equipment Supervisor, who is most knowledgeable about equipment needs and availability, concerning equipment procurement. The Equipment Supervisor neither initiates new equipment requests nor appears before the BOS to justify such requests.
R8

DOT keeps adequate records for tracking equipment and equipment maintenance but does not consult these records in determining what equipment needs replacement and when.
R9

As repair parts for much of the older, often outdated, equipment are no longer available, mechanics cannibalize parts from non-functional units, manufacture parts, or buy high priced custom-manufactured parts.
R11

Due to the lack of proper equipment, operators must use some equipment for inappropriate purposes, for example application of asphalt paving mix by graders, which leads to uneven surfaces and varying asphalt thickness, and using of crawler tractors for snow removal, which is costly and causes surface degradation resulting in an unstable road base.
R12

In violation of California Occupational Health and Safety Agency (CalOSHA) Code of Regulations, Title 8, §1526, Subchapter 4, Article 3, DOT lacks portable toilets for use of crews when working in areas with no nearby toilet facilities. In addition, production time is lost when employees take vehicles and leave the job site to find toilet facilities.
R13

In violation of CalOSHA, Code of Regulations, Title 8, §1524, Subchapter 4, Article 3, only one of the DOT’s 25 trucks has a drinking water container. Security and Housekeeping
R14

Equipment yards County-wide and some materials and fuel lockers remain unlocked during the day when no DOT personnel are on the premises. Yards are susceptible to theft, pilferage, and vandalism.
R15

The County Department Building and Grounds maintains physical facilities at DOT yards. Many security lights at the yards are non- functional.
R16

Site inspections revealed inadequate buildings and materials storage facilities, spillage of fuel and oil, and poor housekeeping, including overflowing trash receptacles and empty alcoholic beverage cans and bottles in office areas. This gives the perception that alcohol is consumed on the premises. Safety: Reporting and Training
R17

DOT experienced fatal employee accidents involving equipment in 1984 and 1991. Reports for these accidents included no recommendation for prevention of further such accidents.
R18

Accident reports for 2000 (66) and 2001 (76) do not meet common requirements for accident reports. They lack details about the cause of accident and possible accident prevention and reference to any follow-up investigation. In many reports reviewed, sections were left blank.
R19

The DOT does not use “Employer’s Report of Occupational Injury or Illness” Form 5020, Rev.6 as required by Penal Code 14004. Until recently, DOT used a DOT form for reporting accidents. Currently, DOT is using a standard County form for reporting accidents. 2001–2002 Mendocino County Grand Jury Final Report 57
R20

Crews take part in CalOSHA required “tailgate” safety meetings about once every ten days or two weeks. Crew supervisors or sometimes the DOT Safety Coordinator conducts those meetings. Employees reported receiving inadequate review or discussion of accidents or prevention at the “tailgate” meetings.
R21

The Safety Coordinator is a DOT employee and is not a disinterested third party.
R22

The Safety Coordinator does not give accident reports to the County Risk Manager.
R23

While new operators receive hands-on training on equipment from experienced operators, there is no formal, classroom training such as might take place in a comprehensive apprenticeship program.
R24

DOT employees are Service Employees International Union (SIEU) members.
R25

The SEIU does not have an apprentice program. Personnel Policies
R26

DOT is allotted 119 road crew workers. In April 2002, 101 positions were filled, with applications for 12 positions being processed.
R27

The process for filling positions, either by new hire, transfer, or promotion, which takes an average of three to four months, is as follows, except where the DOT Director initiates transfers: (cid:53) DOT has an opening; (cid:53) DOT sends a “Request to Fill” to Human Resources (HR); (cid:53) HR advertises the opening (including posting at DOT sites, screens applications, administers a written test, and provides DOT with a list of those who have passed; (cid:53) DOT, with help from HR, schedules a performance test; (cid:53) DOT and HR obtain outside evaluations, which HR evaluates, along with test scores and added points (veterans, etc.); (cid:53) HR establishes an eligibility list for the specific position and gives that to DOT; (cid:53) DOT sets up interviews with the area foreman who selects from the list; (cid:53) DOT Director gives final approval for the hire.
R28

In violation of the above procedure, DOT supervisors sometimes pre- screen potential employees and send to HR the name(s) of a person(s) the supervisor wants to have included on the list. Then the supervisor hires a person he put on the list. 2001–2002 Mendocino County Grand Jury Final Report 58
R29

Historically, the DOT Director has rubber-stamped the foreman’s personnel decisions. The new DOT Director has indicated that he wants to have an increasingly active role in personnel decisions.
R30

Less than one percent of road crew workers are women or minorities, which leads to the perception that DOT hiring practices discriminate against women and minorities.
R31

Witnesses stated that women employees have been subject to incidents of sexual harassment, but those incidents have not been reported.
R32

DOT conducts drug screening by means of urine tests on randomly selected employees; the DOT contracts with a private lab to evaluate the results. The process involves tests that are not always reliable.
R33

DOT policy is to suspend an employee who tests positive for drugs.

Comments 20

CO1

The Grand Jury commends the personnel assigned to COMMET for their respectful approach to persons they encounter in their operations. If the Sheriff determines that it is necessary to eradicate small patches or to go after medical marijuana plantings, it will be necessary to provide much more in the way of funding, personnel, backup, and equipment to COMMET All agencies should encourage and cooperate with citizens’ meth suppression efforts. Agencies should expand efforts to inform community residents about the meth problem and how to deal with it, and where possible provide resources for community meth suppression efforts. 2001-2002 Mendocino County Grand Jury Final Report 6 Finding 17 suggests that there may be no substantial improvement of the meth problem without an upgrading of the economic and educational status of residents of the County. Response Required Board of Supervisors (Recommendations B & E–G & related Findings) Mendocino County Sheriff (Recommendations A, B, & D & related Findings) Mendocino County Task Force Governing Board (Recommendations B–D & related Findings) District Attorney Recommendation B–D & related Findings) Response Requested Director, AODP (Recommendations E–G & related Findings) 2001-2002 Mendocino County Grand Jury Final Report 7
CO2

Complaint Policies and Procedures for Mendocino County The Grand Jury reviewed the County complaint policies and procedures and found a lack of uniformity in the application, content, and enforcement of the policies. Method of Investigation The Grand Jury interviewed the Assistant County Administrative Officer and the previous Senior Field Representative for Local 707 of the Service Employees International Union (SEIU). The Grand Jury reviewed Memorandum of Understanding Between The County of Mendocino and MCEBU/SEIU Local 707 (County/SEIU MOU), County Policy #16, and the policies and procedures submitted by the departments that had them. Background Information The Board of Supervisors adopted Policy #16 July 7, 1987, to address the procedure for the public’s right to criticize County personnel.
CO3

Because of the lack of a County-wide complaint policy, there is inconsistency throughout the County on how complaints are handled. Department heads would benefit from a County-sponsored personnel management training class about effective responses to employee grievances. Response Required Mendocino County Board of Supervisors Response Requested County Administrative Officer Human Resources Department Director 2001–2002 Mendocino County Grand Jury Final Report 11
CO4

Community Development Commission The Community Development Commission (CDC) has had erratic leadership and acted without following procedures. A new director is working to stabilize CDC. The Board of Supervisors (BOS) needs to fill vacant and expired positions on the Board of Commissioners (BOC). CDC needs to rectify some of its practices and staffing to raise employee morale and better serve low-income housing needs, especially in coastal areas. Method of Investigation The Grand Jury interviewed past and present personnel of the CDC including the fiscal section, Fort Bragg office, public and agency owned housing section, accounting section, housing program section, community development section, the Executive Director, and executive assistant. The Grand Jury interviewed independent contractors of the CDC. The Grand Jury reviewed the BOC meeting agendas and minutes from September 2000 through July 2001, the 1999-2000 Grand Jury report “Community Development Commission,” and a August 2001, letter to the editor that appeared in several local newspapers regarding the closing of the CDC Fort Bragg office. The Grand Jury reviewed the BOS Ad-Hoc Committee report dated January 25, 2002 and The Brown Act, California Government Code (Govt. Code) §54950 et seq.
CO5

The Grand jury believes that the criminal justice system, the Jail in particular, is not an effective venue for the treatment of behavior that might violate a criminal statute, but with cause rooted in illness that can be treated. Yet the Grand Jury acknowledges that under our present system, the criminal justice system will continue to be involved with the mentally ill. Mendocino County should be commended for making these changes with the expectation that the need for criminal justice intervention will be significantly reduced and that successful client outcomes be improved. The CSC is an evolving and expanding concept. Response Required Mendocino County Board of Supervisors Mendocino County Sheriff Ukiah City Council Fort Bragg City Council Willits City Council Response Requested Department of Mental Health Director Ukiah Police Chief Fort Bragg Police Chief Willits Police Chief 2001-2002 Mendocino County Grand Jury Final Report 21 AODP Director 2001-2002 Mendocino County Grand Jury Final Report 22 Mendocino County Information Services Department The Information Services Department (ISD) directly or indirectly provides services to all County departments. As technology becomes more important and crucial to conducting the County’s business, ISD must be highly involved in decisions that affect the direction of technology in the County. However, County departments are not using ISD as efficiently as is possible. The ISD is functioning well internally with a new Director and knowledgeable support staff; this report gives recommendations for increased security, backup procedures, and updating manuals. After completing an overview of the ISD and developing recommendations for County-wide data technology and computer services, the Grand Jury discovered that 12 years ago the Grand Jury found the same County-wide flaws that exist today. Even though technology has changed immensely since 1990, the basic issue of County-wide consistency in technology planning still exists. Method of Investigation Within the ISD, the Grand Jury interviewed the former Director, the new Director, the Computer Operations Manager, the Network Services Manager, and various personnel in the computer operations sector and the network sector. The Grand Jury toured the facilities several times looking at physical and data security and working space and reviewing documents, logs, and computer operating procedures. The Grand Jury also interviewed Information Technology (IT) personnel from the Departments of Social Services, Public Health, Mental Health, Child Support Services, and the Sheriff’s Office. The Grand Jury reviewed County Policy 22, “Information Technology (IT) Policy: Acquisition, Ownership and Use of Computer Hardware and Software, the Role of the Information Technology Committee, the Role of Information Services and the Role of Departmental IT Personnel,” and the 1989-90 Grand Jury Report, “Mendocino County Data Processing.” Background Information The ISD stores and controls most of the information the County needs to conduct its business, including financial data, payroll, property ownership, building and encroachment permit data, and the County data communication network. The ISD participates in the decision-making and acquisition of communication hardware and software for voice and data for the County. In January 1989, the County engaged an outside contractor to operate the County-owned computers and peripherals. The County supplied the premises and equipment. The contractor employed some of the County data 2001-2002 Mendocino County Grand Jury Final Report 23 processing personnel, while other personnel remained County employees. The County resumed control of the operation of the ISD again in July 2000, and contractor-employed personnel became County employees. On June 27, 2000, The Board of Supervisors adopted Policy 22.
CO6

All the personnel interviewed were dedicated, hard working, and took the importance and responsibility of their jobs very seriously. Response Required Mendocino County Board of Supervisors Mendocino County Sheriff (Rec. A through H & accompanying Findings) Mendocino County Assessor Clerk-Recorder (Rec. A through H & accompanying Findings) Response Requested Information Services Department Director Department of Social Services Director (Rec. A through H & accompanying Findings) Department of Public Health Director (Rec. A through H & accompanying Findings) Department of Mental Health Director (Rec. A through H & accompanying Findings) Child Support Services Director (Rec. A through H & accompanying Findings) 2001-2002 Mendocino County Grand Jury Final Report 27
CO7

City of Fort Bragg Community Development Department and Affordable Housing This report is on the Fort Bragg Community Development Department (Department) and the affordable housing situation within the City of Fort Bragg (City). The Department has made a commendable contribution to the City through grants toward improving conditions. The Department needs to improve policies and procedures, job descriptions, complaint handling procedures, and communications with permit applicants. The affordable housing situation is in dire straits with no easy answers. Method of Investigation The Grand Jury interviewed employees of the Department, members of the City Council, Planning Commission, employees of the Public Works Department for the City, citizens involved in the permit process, and citizens involved and interested in Fort Bragg Planning including the Community Development Advisory Board. The Grand Jury attended and watched telecasts of Planning Commission meetings and City Council meetings dealing with planning issues. The Grand Jury attended the Alliance for Democracy forum on affordable housing. The Grand Jury reviewed documentation for 134 permit applications for the years 2000 & 2001, which included applications for commercial and residential buildings, decks, garages, outbuildings, and signs. The Grand Jury reviewed the “Mendocino County Housing Needs Plan” by the Mendocino Council of Governments, and pertinent Municipal Codes, ordinances, and State Codes. The Grand Jury reviewed balance sheets for the Department and Building Services and the draft General Plan for the City of Fort Bragg. Background Information The Community Development Department is responsible for administering the City’s planning and zoning regulations and overseeing a broad range of activities affecting planning, building, and economic development in the City. Department functions include processing of applications and preparation of environmental documentation for General Plan amendments and rezonings, subdivisions, lot line adjustments, use permits, variances, Coastal Development permits, Site and Architectural Review permits, and Scenic Corridor Review permits. The Department reviews building permit applications, business license applications, and sign permits for zoning consistency and conducts enforcement activities to ensure compliance with the City’s zoning codes. The Department serves as staff to the Planning Commission, Redevelopment Agency, Community Development Committee, Community Development Advisory Board, Technical Advisory Committee, and Loan Committee. The Department is responsible for providing periodic 2001–2002 Mendocino County Grand Jury Final Report 29 reviews and updates of the City’s General Plan and zoning, subdivision and sign codes. The Department takes a lead role in applying for grant funds from the Community Development Block Grant program, and other planning and economic development related funding sources. Department employees consist of a Community Development Director, an Associate Planner, and a clerical position. The Department contracts with the County of Mendocino for structural permit and inspection services and coordinates with the County service provider to facilitate an integrated permitting and inspection process. The shortage of affordable and low-income housing is a problem for the City of Fort Bragg and is endemic to most of the State as well. State Government Code 65580 et seq. declares: The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every Californian, including farm workers, is a priority of the highest order. Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community. The housing element of the General Plan identifies and analyzes existing and projected housing needs and states goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing.
CO8

The Grand Jury commends the Department and the City for its support of grants for the Streetscape Plan, Project Sanctuary, the Coast Senior Tri-level Care Facility project, emergency and homeless shelter projects, housing rehabilitation, and preparation of an American with Disabilities Act Comprehensive Access Plan. The Grand Jury wishes to thank the employees of the Community Development Department for providing detailed documentation, which required considerable preparation. There are no easy answers to the problem of affordable and low-income housing. The solution of government support involves pain in the form of tax dollars. The inclusion of low-income housing as a portion of private commercial development is painful to the developer and may stifle enterprise. Raising of the minimum wage to a “living wage” was recently quashed at the Federal level. The problem shows no signs of abating. Response Required Fort Bragg City Council Response Requested Fort Bragg Community Development Department Fort Bragg Planning Commission Fort Bragg Community Development Advisory Committee 2001–2002 Mendocino County Grand Jury Final Report 32 Point Arena City Government A review of Point Arena (City) city government and related issues found that the City is well governed for the most part with a few areas of concern to be addressed. Method of Investigation The Grand Jury interviewed elected officials and employees of City government, private citizens, former City employees, former elected officials, citizens involved in private business, employees of the local school district, employees and volunteers of the Redwood Coast Fire District, and local law enforcement. The Grand Jury attended City Council meetings and reviewed the minutes of 2000-2001 City Council and Planning Commission meetings. The Grand Jury inspected the wastewater treatment facilities, the Point Arena Pier facilities, the emergency services facilities, the petroleum recycling facilities and city yard facilities, city schools, fire protection facilities, and the private water company facilities. The Grand Jury reviewed the latest draft of the City’s General Plan, City zoning ordinances, the most recent outside financial audit of City government, employee policies, procedures, and job descriptions, the City’s revolving loan fund policies and procedures, and emergency services procedures. Background Information Point Arena is an incorporated city. City government consists of an elected five-member City Council that meets monthly. The City Council acts as the Planning Commission as well. The City Council elects one of its members as Mayor. Registered voters number somewhat less than 300. There are eight salaried employees: three part time Pier Facilities Managers, a Maintenance Supervisor concerned with street and infrastructure maintenance, a city clerk/administrator who acts as planning director, a Waste Water Treatment Plant Supervisor, a combination Street Maintenance Person/Used Oil Grant Director and a Grant Administrator. The Grant Administrator also acts an Emergency Services Director. Legal services to the City are provided by a contracted “city attorney.” The City contracts with the County Sheriff to provide three full-time officers. The City contracts for engineering services with a private firm. The City contracts for fire inspection and related plan checks with the Fort Bragg Fire Marshal. The City has established a system of commissions dealing with various areas of concern of City government. These commissions consist of one City Council member and one or more salaried employees, for example, the Pier Commission. The City manages two revolving loan funds that are offered to citizens to promote real estate and business development including affordable/low income housing. The city obtained oil pollution cleanup grant money for “Arena Rescue,” which consists of a dedicated rescue boat to be used in emergencies and assists the Coast Guard in emergency services. 2001-2002 Mendocino County Grand Jury Final Report 33 City revenue is generated from secured taxes, transient occupancy tax, and pier facility services and product tax. Pier revenue is generated by boat launching, product cranes, parking fees, and product tax from private fish product companies. A privately owned water company supplies water to the City for domestic use and fire protection. The Redwood Coast Fire District headquartered in Manchester provides fire and emergency services. The City has developed a disaster plan in coordination with the Emergency Services Authority in Ukiah. The City is involved in Safe Passages, an externally funded program to provide infrastructure for safe transit of children to and from school.
CO9

The Grand Jury commends the city government and citizenry of Point Arena on its completion and adoption of its General Plan, its efforts to establish its emergency services program, its successful petroleum and solid waste recycling program, its support of the Safe Passages program, and its sound fiscal management. The Grand Jury applauds the dedication of the virtually unpaid elected officials of the city and the dedication of its salaried employees as well. Misinformation and lack of communication between various factions of the citizenry and City government is endemic. The public does not regularly attend City Council meetings. The City Council in the past has had to appoint members because of lack of interest. The Grand Jury would remind the citizenry of Point Arena that “you get the government you deserve.” Response Required Point Arena City Council Redwood Coast Fire District Board of Directors Emergency Service Authority Board of Directors 2001-2002 Mendocino County Grand Jury Final Report 36 Willits City Government, Little Lake Fire District, and Willits Unified School District Overall the City of Willits (Willits) operates effectively, with some problems, through its Departments of City Administration, Public Works, and Police. The Little Lake Fire District provides superlative services. The Willits Unified School District provides good education in a relatively safe environment; maintenance at some schools needs attention. City Administration Method of Investigation The Grand Jury met with the Mayor, City Manager, and city personnel. The Grand Jury reviewed the Ten Year Plan, Policies and Procedures, budgets, complaint forms, Future Growth Plan, Willits 101 Bypass documents, and the Emergency Disaster Plan. Background Information Willits, known as the ‘Heart of Mendocino County,’ was incorporated in 1888. Willits operates under a city council-city manager form of government with a five-member City Council that elects the Mayor each year. The ‘One- town, One-vision’ program came about for citizen input about Willits development; it is not an official Willits program. According to the 1990 census, Willits has 5,027 residents and 7,000 people live in the surrounding areas including Pine Mountain, Brooktrails, and Little Lake Valley.
CO10

Comment on Finding 6 in this report: according to Caltrans, “We conducted an extensive traffic volume and origin/destination survey in Willits in 1998. The annual average daily traffic was 25,700 in the Willits area. Of that traffic, the average daily truck traffic exceeds 1000 south of the intersection of US 101 and SR 20. “Caltrans keeps only the most recent 10 years of traffic collision data on all State highways due to the huge data storage logistics. Data on the current years is not accumulated until the end of the year. To evaluate the need for improvement projects, we typically examine the last five years of traffic collision data. “There were 469 collisions on US 101 between June 1995 and May 2000 in the Willits Bypass project area. Of the 469 collisions reported, three resulted in fatalities, 141 resulted in injuries, and the remainder resulted solely in property damage. The existing total collision rate, injury collision rate, and fatality collision rate are 4.5, 3.0 and 1.5 times higher than the statewide average total, injury and fatality collision rates, respectively, compared to a rural four-lane facility with the same average daily traffic.” The Grand Jury urges the residents of Willits to visit and tour the facilities of the Fire District to see how extremely well this department functions. The Grand Jury noted during tours of schools by the Superintendent and principals that they were very professional, prepared, and helpful. The Grand Jury believes the students of Willits would be better served with a new, modern high school facility. Response Required Willits City Council (Recommendations A – E & related Findings) Mendocino County Board of Supervisors (Recommendation F & related Finding) Little Lake Fire District Board of Directors (Findings 22 – 25) Willits Unified School District Board of Trustees (Recommendations G –K & related Findings) Response Requested Willits City Manager (Recommendations A–E & related Findings) Willits Public Works Director (Recommendations A–C & related Findings) Willits Police Chief (Recommendations D, E & related Findings) Mendocino County General Services Director (Recommendation F & related Findings) Little Lake Fire District Chief (Findings 22–25) 2001-2002 Mendocino County Grand Jury Final Report 43 Willits Unified School District Superintendent (Recommendation G–K & related Findings) 2001-2002 Mendocino County Grand Jury Final Report 44 Family and Children’s Services and Parents Within the Department of Social Services (DSS), the Family and Children’s Services Division (FCS) goal is to protect children and provide services to families. FCS sometimes needs to remove children from parents’ custody, setting up an adversarial situation; Social Workers act to protect children, and parents are often upset that FCS has removed the children. The Grand Jury found that throughout the process, Social Workers are sincerely trying to help families and children, while parents feel that FCS abuses its powers and treats them unfairly. FCS could prevent many conflicts by involving parents in the case planning process and clearly informing parents about rights and responsibilities. The County needs to alleviate FCS staffing and training problems. Method of Investigation The Grand Jury interviewed the DSS Director, FCS Deputy Director, Senior Program Managers, Social Worker Supervisors, Social Workers, Assistant Social Workers, and former FCS employees. The Grand Jury also interviewed clients and their attorneys and service providers. The Grand Jury visited FCS and DSS offices in Fort Bragg, Willits, and Ukiah. The Grand Jury reviewed applicable State Welfare and Institutions Codes, FCS Policy and Procedure Letters, Child Welfare Information Bulletins, the April 2002 Children’s Services Division Annual Report to the Board of Supervisors (April 2002 report), FCS draft documents, and DSS handbooks. Background Information The FCS Mission Statement states: Through teamwork with the community and the Family and Children’s Services Division, we seek to: (cid:53) Promote safety and protection of children; (cid:53) Support and empower families; (cid:53) Return a child to a safe home or, when that is not possible; provide the best alternative permanent plan. FCS “receives suspected child abuse and neglect reports. These reports are related to physical abuse, neglect, sexual abuse, exploitation or emotional maltreatment of a minor.” “Reports of child abuse are evaluated by the Emergency Response Supervisor and appropriate action is taken. Whenever possible, pre-placement preventative [sic] services are provided to families for prevention of unnecessary separation of the child from their parents or caretaker.” Of 3,345 children reported to the Mendocino County Children’s Services Division for suspected child abuse or neglect, 22% did not warrant a full Emergency Response investigation and 78% received an in-person 2001–2002 Mendocino County Grand Jury Final Report 45 Emergency Response investigation, “as well as crisis and intervention services.” (April 2002 report)
CO11

Public awareness of child abuse and neglect issues is lacking. More outreach by government to the citizenry regarding these issues is needed. Substance abuse is involved in many instances of child abuse and neglect. More public awareness of substance abuse and the harm it causes to families is needed. The County Child Abuse Prevention is not providing information to the public. Family and Children’s Services prepares an annual report to the Board of Supervisors summarizing child welfare issues in the County. The Board of Supervisors should distribute this report to media and all professionals involved with children and make it available to the general public. The problem of unclear and changing requirements for family reunification is a complicated issue involving the judgment and expertise of the professionals involved. FCS is working toward standardizing these requirements throughout the County as much as possible. The Grand Jury encourages FCS in this effort. Several witnesses alluded to the lack of adequate foster care in the County. This problem has been visited by the Grand Jury previously. Perhaps it is time to do so again. Response Required Mendocino County Board of Supervisors Response Requested Department of Social Services Director 2001–2002 Mendocino County Grand Jury Final Report 51 Family and Children Services Director 2001–2002 Mendocino County Grand Jury Final Report 52 Domestic Violence Restraining Orders The Grand Jury investigated the process by which a person subject to domestic violence obtains a Restraining Order. The Restraining Order is designed to prevent named individuals from contacting those who see them as threatening and is effective for three years Method of Investigation The Grand Jury reviewed “Domestic Violence,” a packet on Restraining Orders issued by the court to anyone applying for a Temporary Restraining Order as a first step toward obtaining a Restraining Order. The Grand Jury interviewed court officials, about the Restraining Order process and spoke with the Sheriff, a police chief, and street officers from different law enforcement agencies about police experience with Restraining Orders.
CO12

The Grand Jury suggests that the Court cooperate with law enforcement agencies to deliver orders expediently. Response Required Mendocino County Sheriff Fort Bragg City Council Ukiah City Council Willits City Council Response Requested City of Fort Bragg Police Chief City of Ukiah Police Chief City of Willits Police Chief 2001-2002 Mendocino County Grand Jury Final Report 54 Department of Transportation The County Department of Transportation (DOT) is responsible for maintenance of approximately 1,020 miles of County roads and management of the County Surveyor’s office and the County airports. The Board of Supervisors (BOS) recently shifted the Solid Waste Division to the DOT. The Grand Jury reviewed the DOT in regard to management, equipment, security and housekeeping practices, safety procedures, and personnel policies. Method of Investigation The Grand Jury interviewed the DOT Director and staff members, including department managers, the Office Administrator and clerks, the Senior Road Engineer, a civil engineer, equipment superintendents, the Safety Coordinator, senior and junior equipment operators, and crew supervisors. The Grand Jury also interviewed members of the BOS, the County Director of Human Resources, and the Service Employees International Union County Representative. The Grand Jury reviewed accident reports, the DOT’s “Mendocino County Goals and Issues,” the “Management Audit of the Mendocino County Department of Transportation” (Audit), and equipment maintenance and tracking reports. The Grand Jury observed the state of equipment, visited maintenance yards in Booneville, Point Arena, Fort Bragg, Covelo, Ukiah, Laytonville, and Willits, and observed operations of road crews and the condition of roads in various parts of the County. Background Information The Grand Jury last reviewed the DOT in 1989. At that time, the Grand Jury looked at the Road Division of the Department of Public Works, which became the DOT in 1998.
CO13

The morale of the road crews is low because of low pay, arbitrary decisions on job assignment, frequent loss of time due to the need to travel to toilet facilities, and work stoppage due to shortage of road crew members. The Grand Jury commends the many DOT personnel, who despite low morale and often inadequate funding and old equipment, perform their jobs efficiently and safely, with little turnover of personnel. Response Required Mendocino County Board of Supervisors Response Requested Department of Transportation Director Human Resources Department Director 2001–2002 Mendocino County Grand Jury Final Report 61
CO14

Visually Handicapped Funding at Mendocino College The Grand Jury investigation of the Visually Handicapped funding programs within the Disabled Students Program Services (DSPS) of Mendocino College (MC) found that MC uses the funds properly. Method of Investigation The Grand Jury interviewed the DSPS Director and the DSPS Learning Disabled Specialist. The GJ visited MC. The Grand Jury reviewed the MC DSPS budgets and expenditures for the fiscal years of 1999-2000 and 2000- 2001 and the State of California Chancellor’s office budget for DSPS disbursements to Community Colleges. Background Information DSPS encourages disabled student independence and responsibility. The program promotes equal opportunity and access to college courses. The DSPS receives funds through grant from the State of California for the Disabled Students program. The DSPS grant stipulates that a specified portion of the Visually Handicapped Program funds be restricted to the Visually Handicapped program.
CO15

It is not within the purview of the Grand Jury to make recommendations to citizens concerning political issues. However, in regard to the lack of citizen participation in the Water District, the Grand Jury would remind the citizenry of the District: “one gets the government one deserves.” Response required Westport County Water District Board of Directors 2001-2002 Mendocino County Grand Jury Final Report 67
CO16

Foster Care-Foster Parent Issues The Grand Jury has looked at various issues regarding Foster Care in 1995– 96, 1997–98, 1999–2000, and 2000–2001 and made recommendations. The Department of Social Services (DSS) has adopted many of the recommendations and provided documentation of their implementation to the Grand Jury. The Grand Jury now finds that some of these issues need attention again.
CO17

The 2002–03 Grand Jury review the Foster Care program, including foster homes and care of children. Response Required Mendocino County Board of Supervisors Response Requested Mendocino County Department of Social Services Director 2001-2002 Mendocino County Grand Jury Final Report 70 Mental Health Services for Children The 2000–2001 Grand Jury provided several recommendations for improved Mental Health services for children. The Department of Mental Health (Mental Health) and Board of Supervisors (BOS) responses indicated that most recommendations were already implemented or would not be implemented. Mental Health scheduled two recommendations for implementation in June 2002. Method of Investigation The Grand Jury reviewed Mental Health and Board of Supervisors responses, documents furnished by Mental Health, information from the Special Education Local Area Plan (SELPA) Administrator, and the Mental Health 2002 Compendium of Services. The Grand Jury interviewed parents of children receiving Mental Health services and visited the Oak Manor Day Treatment classroom.
CO18

The Grand Jury commends the Ukiah Unified School District for installing a window in the quiet-room door of the Day Treatment Program classroom, and the classroom teacher for using positive behavior interventions and classroom procedures; when the Grand Jury visited the classroom this year, children were not isolated and no punishments were posted. Response Required Mendocino County Board of Supervisors Response Requested Department of Mental Health Director Mendocino County Special Education Local Plan Area Administrator 2001-2002 Mendocino County Grand Jury Final Report 73
CO19

Mendocino College Board of Trustees Response and Title IX Review The 2000–2001 Grand Jury made recommendations for the Mendocino-Lake Community College (College) Board of Trustees (Board), which the Board stated were either already implemented or would not be implemented because they were not warranted. However, the college administration currently is implementing some of the recommendations. Method of Investigation The Grand Jury reviewed the responses of the Board, interviewed the College President-Superintendent (President), and attended Board Meetings. The Grand Jury reviewed the United States Department of Education Office for Civil Rights “Clarification of Intercollegiate Athletics Policy Guidance: The Three-Part Test” (the Clarification). Background Information In the summer of 2001, the Board selected a new President who began October 15, 2001.
CO20

The Grand Jury commends the new President for her leadership in establishing a nursing program, a vital necessity for local health care and the work force, and her stated goal to get “maximum input from the whole institution” in making decisions for the College. The Grand Jury encourages the College community to work with and support the President as needed changes are implemented. The College should continue to encourage input from citizens and the local professional communities. The Grand Jury suggests that the 2002–2003 Grand Jury review the athletic activities for youth in the county and the opportunities to transition to both inter- and intra-mural athletics at the College. 2001–2002 Mendocino County Grand Jury Final Report 76 Mendocino County Promotional Contract and Review of Responses to the 2000–2001 Report A review of responses to the 2000–2001 Grand Jury report on the Mendocino County Promotional Alliance (Alliance) raises a number of questions about financial accountability and contract performance by the Alliance and contract management by the County Administrator’s Office and the Board of Supervisors (BOS). Method of Investigation The Grand Jury interviewed the Alliance director, former Alliance employees, the County Auditor-Controller, the County Administrative Officer (CAO), the County Economic Development Coordinator, and the Assistant District Attorney. The Grand Jury visited the Alliance office. The Grand Jury reviewed the BOS and Alliance responses to the 2000–2001 Grand Jury Final Report “Mendocino County Promotional Alliance,” Alliance Reviewed Annual Financial Statements 1998-2001, Alliance quarterly billings (including Balance Sheets and Profit and Loss Statements) submitted to the CAO’s office, the contract between the County and the Alliance (Contract), documents filed in the Superior Court regarding a Grand Jury subpoena to the Alliance, and the four CAO files containing correspondence and documents concerning the Alliance. Background Information The County funded the Mendocino County Promotional Alliance, Inc., doing business as the Mendocino County Alliance, to promote agriculture and tourism in Mendocino County. The Alliance is promoting lodging and wine almost exclusively. (See Comment at the end for more details.) The responses to the 2000–2001 Grand Jury report “Mendocino County Alliance” presented the picture that the BOS was on top of the way the Alliance spent the public funds, approximately one-half million dollars, indicating that the County received quarterly financial and activity reports and complete annual reports. The report implied that the Alliance was doing a great job and that there was no need for change. The Grand Jury determined that it would be in the public’s interest to determine what information the County did receive and how that information was evaluated. 2001–2002 Mendocino County Grand Jury Final Report 77 Review of 2000–2001 BOS Reponses